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Contract 35924
CITY SECRETARY: t CONTRACT NO. CONTRACT Between CITY OF FORT WORTH R and UNIFIED SERVICES OF TEXAS, INC. For PETROLEUM STORAGE TANK TESTING AND STAGE II COMPLIANCE TESTING - ANNUAL CONTRACT Environmental Management Department October 2007 STATE OF TEXAS § COUNTIES OF TARRANT § DENTON AND WISE § CONTRACT FOR TESTING PETROLEUM STORAGE TANK INTEGRITY AND STAGE II COMPLIANCE BETWEEN THE CITY OF FORT WORTH AND UNIFIED SERVICES OF TEXAS,INC. This agreement is entered into by and between the City of Fort Worth, a home-rule municipality located within Tarrant, Denton and Wise Counties, Texas, acting through Libby Watson, its duly authorized assistant city manager "City"), and Unified Services of Texas, Inc., a Texas corporation, acting through its duly authorized president/vice-president("Contractor"). tl ' WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in Petroleum Storage Tank Integrity Testing and Stage H System Compliance; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such testing: WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this agreement,the City and the Contractor agree as follows: ARTICLE 1. A DEFINITIONS In this agreement,the following words and phrases shall be defined as follows: City's Representative means the Director of Environmental Management or his designee. Contract Documents means the Proposal Document DEM07-06:PST, Project Drawings, Specifications, and this agreement. If there is a conflict between the Proposal Document and the agreement,the terms in the agreement shall prevail. Deliverable Document means a report,photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. Contract for Petroleum Storage Tank Integrity Testing and Page 1 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of .+ investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without -� limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the petroleum storage tank system, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells resulting from any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, ` restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph(b)herein. _ Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities _ of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, s Contract for Petroleum Storage Tank Integrity Testing and Page 2 Stage II Compliance Testing between the City of fort Worth and Unified Services of Texas,IncCRL09.21.07v1 s contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. f, Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Proposal Documents means Request For Proposal DEM07-06:PST and all ancillary documents required to be submitted with the proposal. - ' Response means the Contractor's response to the RFP DEM07-06:PST which is fully incorporated herein as Attachment"A". Subcontract means a contract between the Contractor for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. Task Order means a document issued by the City describing the scope of Contractor services, scope of City services, specifications and drawings and data. ARTICLE 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall furnish all labor, materials, and equipment necessary for the integrity testing of petroleum storage tanks (PSTs) owned and/or operated by the City, and the performance of annual Stage II compliance testing on all appropriate tanks as directed by the City. Contractor shall notify all applicable agencies of the City's intent to test, obtain all necessary permits to test PST systems, test the integrity of the PST system, test the Stage II pressure decay on appropriate systems, perform minor repairs to PST systems to ensure a compliant test and report all results in writing to the City of Fort Worth. B. Contractor agrees that it shall not assign, delegate, or subcontract any of the work described in this agreement without first obtaining express written approval to do so from City. Contractor shall remain fully responsible for the satisfactory performance of such work and shall remain fully bound by the terms of this agreement. City shall have the right to approve or reject all subcontractors retained by Contractor to perform services under this agreement. C. All of the tasks and/or subtasks required to complete individual projects will be shown on a Task Order or Task Orders,agreed to separately by the parties. Contract for Petroleum Storage Tank Integrity Testing and Page 3 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 D. Contractor agrees to perform the work in accordance with the Final Specifications, Project Schedules, the Response, and Task Orders; and, Contractor further agrees to provide the City with an update of each Project Schedule each month showing the work planned for each respective month, and all work accomplished to date. E. Contractor certifies that it has and will maintain during the term of this agreement, current and appropriate federal, state, and local licenses and permits to allow PST testing and repair as required by the agreement. Contractor further certifies that any and all subcontractors employed on this project shall have and will maintain during the term of this agreement, current and appropriate federal, state, and local licenses and permits to allow PST testing and repair as required by the agreement. F. All Contract and Proposal Documents are hereby incorporated into and made a part of this agreement. ARTICLE 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and render City decisions. B. Coordinate with facilities,City departments, and any tenants for access to the site. C. Waive all City fees associated with integrity testing or pressure decay testing of City tanks under this agreement. A ARTICLE 4. TIMES FOR TASK INITIATION AND COMPLETION; CONTRACT TERM A. Contractor agrees to begin work on each task within ten (10) days from the date of the issuance of a written task order. Upon receipt of the order, the Contractor shall develop a project schedule and shall complete all phases of the work as delineated within that schedule. B. The term of this agreement shall be one (1) year beginning October 1, 2007. City shall have the right to extend this agreement for up to two (2) consecutive one-year renewal terms, provided City and Contractor agree in writing at least thirty (30) days prior to the end of the initial or renewal term. All renewals shall have the same terms, conditions and Contract for Petroleum Storage Tank Integrity Testing and Page 4 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 0 fees as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this agreement. ARTICLE 5. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of and the exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contactor. ARTICLE 6. COMPENSATION A. In consideration for the work performed by Contractor under this contract, City shall pay Contractor a total sum not to exceed $20,000.00, as agreed upon by both parties. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, _ updated Schedules of Payment and the Deliverable Document for each task completed, for all uncontested or undisputed bills. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. _ The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. B. The City will not be liable for any Contractor costs in excess of the Not-to-Exceed amount l unless the City has signed and issued a formal Modification to the contract. C. At the end of each month that this contract is in effect, Contractor shall provide City a written report detailing the total amount paid to date, any retainage held by the City, and an itemized list of work in progress in order that the City can assess the need to amend this contract to provide for an increase in the maximum fee allowable. D. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor is caused by City's failure to provide information, if any, which it is required to provide under this agreement. When extra compensation is claimed, a written itemized statement detailing any and all justifications for delays incurred shall be presented to the City. Contract for Petroleum Storage Tank Integrity Testing and Page S Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 MW ARTICLE 7. INSURANCE REQUIREMENTS Contractor certifies that it has and will maintain during the term of this Contract, at least the following insurance covering the services to be performed: (a) Insurance coverage and limits: l. Commercial General Liability Insurance $1,000,000 each occurrence $2,000,000 aggregate 2. Professional Liability Insurance -NOT APPLICABLE. 3. Automobile Liability Insurance— Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation— Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease- each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). i Contract for Petroleum Storage Tank Integrity Testing and Page 6 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 - (b) Certificates of insurance evidencing that the Contractor has obtained all required Insurance shall be delivered to the City prior to Contractor proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 2. Certificate(s) of insurance shall document that insurance coverage specified according to items in section (a) above are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty(30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Brian Boemer, Director, Environmental Management Department, City of Fort Worth, 1000 Throckmorton,Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. Contract for Petroleum Storage Tank Integrity Testing and Page 7 Stage 77 Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 ow 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. ow 11. All insurance required in section (a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. ARTICLE 8. INDEMNIFICATION A. General Indemnification: CONTRACTOR DOES HEREBY RELEASE,INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. B. Environmental Indemnification: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE PETROLEUM STORAGE TANK INTEGRITY TESTING AND STAGE II COMPLIANCE TESTING UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL Contract for Petroleum Storage Tank Integrity Testing and Page 8 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. The obligations of the Contractor under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments,penalties or other sums due against such indemnified persons. D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify,the City shall provide Contractor with reasonably timely notice of same. E. The obligations of the Contractor under this paragraph shall survive the expiration of this agreement and the discharge of all other obligations owed by the parties to each other hereunder. F. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this Article. w G. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettled at the expiration of the said thirty-day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following the date of the Contract for Petroleum Storage Tank Integrity Testing and Page 9 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. ARTICLE 9. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by petroleum storage tanks testing and repair. Contractor further warrants that it will perform all services under this agreement in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this agreement. ARTICLE 10. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this agreement and during the duration of the agreement, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this agreement. B. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this agreement. T Contract for Petroleum Storage Tank Integrity Testing and Page 10 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 •- ARTICLE 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this agreement if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this 6-48 agreement, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. C. If at any time during the term of this agreement the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this agreement to the satisfaction of City within ten days after written notification shall result in termination of this agreement. All costs and attorneys fees incurred by City in the enforcement of any provision of this agreement shall be paid by Contractor. D. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this agreement. ARTICLE 12. TERMINATION A. City may terminate this contract without cause by giving thirty(30) days written notice to Contractor,provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this agreement under Subparagraph A of this Article, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this agreement shall become the property of the City when the agreement is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be Contract for Petroleum Storage Tank Integrity Testing and Page 11 Stage 77 Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 �. liable for the use of such documents for any purpose other than as described when requested. D. In the event either party defaults in the performance of any of its obligations under this agreement, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this agreement upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid thirty (30) day period, or if the default cannot be cured, the agreement shall terminate as of the date provided in the notice of default. ARTICLE 13. MODIFICATION No modification of this agreement shall be binding on Contractor or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. ARTICLE 14. RIGHT TO AUDIT A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided _ adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Article. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract, and further, that the City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this Article. City shall give subcontractor reasonable advance notice of intended audits. Contract for Petroleum Storage Tank Integrity Testing and Page 12 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 C. Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed .: ARTICLE 15. NON-DISCRIMINATION A. During the performance of this agreement, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. i B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this agreement,that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 16. PM GOVERNING LAW The City and Contractor agree that the laws of the State of Texas shall govern the validity and construction of this agreement, except where preempted by federal law. ARTICLE 17. SEVERABILITY The provisions of this agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the agreement. Contract for Petroleum Storage Tank Integrity Testing and Page 13 Stage 11 Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 ARTICLE 18. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or -� default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. ARTICLE 19. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this agreement,venue for said action shall lie in Tarrant County,Texas. ARTICLE 20. NOTICES " Notices required to be made under this agreement shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: Written notice shall be sent to: If to City: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to the Contractor: Marshal D. Ryan 2110 Greenbriar Drive Southlake, Texas 76092 Contract for Petroleum Storage Tank Integrity Testing and Page 14 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 ARTICLE 21. ENTIRETY This agreement, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this agreement or any part thereof shall y have any validity or bind any of the parties hereto. ARTICLE 22. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this agreement without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. ARTICLE 23. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. INTENTIONALLY BLANK Contract for Petroleum Storage Tank Integrity Testing and Page 15 Stage II Compliance Testing between the City of Fort Worth and Unified Services of Texas,IncCRL09.21.07v1 .. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. CIT F FORT WORTHD SERVICES OF TEXAS, INC. bl5t - by Wats6W, Assistant City Manager Pres ent or Viq Presiden APPROVED AS TO FORM WITNESS: PIAAA & � tA2W '--�/ C't'o' 4- �A" Christa R, opez Assistant City Attorney Name! 1Gt Pc Ili 6T'�V�43K-o Title: V 102 - �-"0 ATTEST: CORPORATE SEAL: Marty endrix, City'Secretary NO M&C REQUIRED Contract for Petroleum Storage Tank Integrity Testing and Page 16 Stage II Compliance Testing between the City of Fort Worth ,ti r and Unified Services o Texas,IncCRL09.21.07v1 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project #DEM07-06: PST. CONTRACTOR Unified Services of Texas. Inc. By: C-4 r` sR it Fe ate STATE OF TEXAS § COUNTY OF TARRANT § Be ore me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrul ent, and acknowledged to me that he executed the same as the act and deed of-L44;X� 5eriyi&es 6-P :T"45 . .Lnc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this_aL day of , 20 7 b Notary Public in and for the State of Texas VQy Notary Public,State of Texas My emission Expires August 10,2011 PROPOSAL PACKAGE CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 -4..F w -ORT ORTH PROJECT: (DEM07-06: PST) PETROLEUM STORAGE TANK TESTING AND STAGE II COMPLIANCE TESTING ANNUAL CONTRACT May 29, 2007 Submitted by: — Unified Services of Texas Tricia Stefank Company Name Presid �c,�,-Pr i rinb 2110 Greenbriar Drive (,� Address PresidentMce-Preside t Signature Southlake, Tx 76092 June 13, 2007 Telephone Date ,� 817-481-9510 TABLE OF CONTENTS 1.0 REQUEST FOR PROPOSAL 1.1 Project Description 1.2 General Requirements 13 Interpretation of Request for Proposal Documents 1.4 Conflicts and Questions 1.5 How to Submit a Proposal 1.6 Security 1.7 Opening of Proposals 1.8 Trade Secrets and Confidential Information 1.9 Proposal Evaluation Criteria 1.10 Contract Time 1.11 Negotiation of the Contract 1.12 Award of the Contract 1.13 Tax Exemption 1.14 Reservations 2.0 PROPOSAL DOCUMENTS 2.1 Proposal Document Checklist 2.2 Acknowledgment of Receipt of Addenda 23 Proposal Summary 2.4 Costs 2.5 Minority and Women Business Enterprise(M(WBE)Utilization Requirements 2.6 Qualifications of the Contractor 2.7 Technology Description 2.8 List of Subcontractors 2.9 Statement of Residency 2.10 Nondiscrimination 2.11 Prevailing Wage Rates 2.12 Insurance Certificates 2.13 Contractor's Licenses&Certificates 2.14 Contractor's Legal and Compliance History 2.15 Inventory of Equipment 2.16 Other 1.0 REQUEST FOR PROPOSALS 1.1 PROJECT DESCRIPTION: Proposals are being accepted by the City of Fort Worth("City')for the furnishing of all labor,materials and equipment necessary to perform the required testing of petroleum storage tanks owned or operated by the City of Fort Worth and the performance of required Stage II Compliance Testing on all applicable tanks. There will be no minimum work Guaranteed under this aereement. 1.2 GENERAL REQUIREMENTS: 1.2.1 Obtaining Proposal Documents: Proposal documents,addenda,and specifications may be obtained from the Environmental Management Department web site at bttp:/.•`w-ww.fortworthgov.org,/dem/info/de.fault.aspx?id=8020 in portable document format (PDF), or may be viewed at the Environmental Management Department, 908 Monroe Street(7'h Floor), Fort Worth,Texas 76102 during normal business hours. 1.2.2 Pre Proposal Meeting. A Pre-Proposal Meeting will NOT be held for this proposal process. 1.2.3 Time Proposal to Remain Valid: Proposals submitted in accordance with this Request for Proposal shall remain valid for 60 days after the due date. 1.2.4 Compliance with Laws: All Contractors shall be required to comply with: • Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates for public works contracts; • Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices,"of the Code of the City of Fort Worth,prohibiting discrimination in employment practices; • Fort Worth ordinance 15530,Minority and Women Business Enterprises;and • The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency(EPA),the Texas Department of State Health Services (DSHS), the Occupational Health and Safety Administration (OSHA),the Texas Commission on Environmental Quality (TCEQ),the U.S.Department of Transportation (DOT), the Texas Department of Transportation(TXDOT),the City of Fort Worth and any other entity that may have jurisdiction over work being performed. ~ 1.3 INTERPRETATION OF REOUEST FOR PROPOSAL DOCUMENTS: All requests for an interpretation of the Request for Proposal must be made in writing and received by the Environmental Management Department,by email format,at any time up to seven(7)calendar days prior to the deadline date for submitting proposals(i.e.Thursday,June 21,2007 at 1:30 PM). The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City will issue any interpretation of the Request for Proposal as a formal addendum. The addenda will be posted at ligp://www.fortworthgov.ori;/dem/info!default,aspx?id-8020. All addenda must be �s submitted with the Proposal in Section 2.2. It is the Contractor's obligation to determine whether addenda 1-1 have been issued prior to the deadline for submitting the proposal. The City will not be responsible for any other explanations or interpretations. Each Contractor who intends to submit a proposal must e-mail Ms. Pamela Green, Pamela.Ciree La)..fortworingov.orb, with a notification of intent to submit in order to assure receipt of applicable addenda. 1.4 CONFLICTS&QUESTIONS: Should there be conflicts between the Proposal documents and the final executed contract document, the final contract shall take precedence. Questions regarding this Request for Proposal should be directed in writing immediately to: Pamela Green Environmental Management Department City of Fort Worth 1000 Throckmorton Street Fort Worth,TX,76 1 02-63 1 1 Phone: (817)392-6309 Fax: (817)392-6359 Pamela.Green(r.fortworthgov.org 1.5 HOW TO SUBMIT A PROPOSAL: Each Contractor must submit ONE(1) bound original and three(3)bound copies of their proposal to the City. All items to complete the submittal must be included within the proposal or the entire proposal may be considered non-responsive and rejected. Please initial the upper right-hand corner of each page in Section 2.0. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the proposal. Proposals must be submitted in a sealed envelope,addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton,Fort Worth, Texas 76102. Proposals must be received by the Purchasing Division no later than 1:30 p.m.on Thursday,June 28,2007. The project number must be clearly marked on the envelope and the statement "PROPOSAL DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday,June 28,2007"placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Late proposals will be returned. They will not be opened nor considered in the evaluation of the proposal. Proposals may be withdrawn at any time prior to the official opening. NO FAXED PROPOSALS WILL BE ACCEPTED - 1-2 1.6 SECURITY: Proposals must be accompanied by a proposer's bond in the amount of five percent (5%) of the largest possible total of the cost estimate(maximum of$5,000). Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project Contract.This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The City will only accept sureties - duly qualified and authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. 1.7 OPENING OF PROPOSALS: Proposals will be opened and read aloud at 2:00 PM on Thursday, June 28, 2007, in the Fort Worth City y Council Chambers. The proposals shall be handled in order to avoid the disclosure of the remainder of their contents to competing offers and so as to keep such contents secret during negotiations. All proposals will be open for public inspection after project award,as provided by paragraph 1.8 below. The Proposal Documents submitted in accordance with this Request for Proposal shall remain valid for sixty (60)days after the due date. 1.8 TRADE SECRETS AND CONFIDENTIAL INFORMATION: All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. However,the City will endeavor to protect from disclosure any information in the Proposals that is subject to the trade secrets exception of the Public Information Act under §552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code. It is the responsibility of the Contractor to clearly mark as such any information they deem trade secret or confidential. The final decision as to what information must be disclosed,however,lies with the Texas Attorney General. Failure of a Contractor to identify trade secret and confidential information in its Proposal will result in all unmarked sections being deemed non-proprietary and available upon public - request. 1.9 PROPOSAL EVALUATION CRITERIA: Proposals will be evaluated by qualitative measures and will be weighted as follows: ,�,� 1-3 ` FACTOR MAXIMUM WEIGHT Contractor's Capabilities and Technology Description 25 points Costs 40 points Contractor's Experience and Qualifications 15 points Contractor's work history with the City 5 points Contractor's legal and compliance history 10 points Quality of sub-contractors 5 points TOTAL 100 points NOTE: Any of the above factors may be weighted as low as-5 points. T The City will select the most highly qualified Contractor responding to the request based on the above criteria. The highest overall score will determine the City's first choice for the project award. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Qualifications and to establish the responsibility, qualifications, and financial ability of the Contractor, subcontractors,and other persons who are proposed to work on the project 1.10 CONTRACT TIME: The successful Contractor will be awarded One-Year Contract with two One-Year Options to Renew. 1.11 NEGOTIATION OF THE CONTRACT: The City will meet with the successful Contractor and negotiate any final changes to the Contract and any exceptions identified in the Proposal Documents. The City is not obligated to accept any exceptions made by Contractor. After the negotiations, the City will make final changes to the Contract documents and issue the Contract Documents with Notice of Awards to the successful Contractor. 1.12 AWARD OF THE CONTRACT: The City will send a Notice of Award letter to the successful Contractor with three (3) sets of contract documents. The successful Contractor must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets,the City will execute each set and issue one set to the Contractor with a letter entitled Notice to Proceed. The letter authorizes work to begin and invoices to be paid. 1.13 TAX EXEMPTION: The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in this proposal. 1.14 RESERVATIONS: The City reserves the right to reject any or all proposals and waive any or all formalities. 1-4 2.0 PROPOSAL DOCUMENTS *ALL PROPOSAL DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE. *FAILURE TO SUBMIT ALL OF THE FOLLOWING ITEMS IN A SEALED ENVELOPE MAY RESULT IN THE PROPOSAL BEING CONSIDERED NON-RESPONSIVE. 2-1 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this Checklist, must be completed in full and submitted in a sealed envelope,in the requested order,or the Proposal may be considered as a non-responsive submittal. Proposal Documents Initial if Included Proposal Document Checklist Acknowledgement of Receipt of Addenda �y4 Proposal Summary !h _ Costs Bonds Qualifications of the Contractor Technology Description List of Subcontractors Statement of Residency /`�• .. Nondiscrimination /mil' Prevailing Wage Rates /114(X _ Insurance Certificates Contractor's Licenses&Certificates Contractor's Legal and Compliance History Ao Inventory of Equipment Other I understand that failure to bmit all of these items may cause my submittal to be considered non-responsive. Signature #44 OAOL/ Name Mark Auer Jr. Title Testing Manager Company Unified Services of Texas 2-2 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable X The undersigned acknowledges the receipt of the following addendum(a)to the Request for Proposals,and has attached all addenda following this page. (Add lines if necessary). r Addendum Number 1 June 12, 2007 (Date received) Addendum Number 2 June 20, 2007 (Date received) Addendum Number 3 July 5, 2007 (Date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposals. CONTRACTOR: Unified Services of Texas BY: Mark Auer Jr. Company Name (Print or type name of signatory) 2110 Greenbriar Drive f4)r Address (Signature) Southlake, TX 76092 Testing Manager City,State,Zip Title(print or type) .. 2-3 06/12/2007 09:41 8173926359 ENVIRONMENT MGMT PAGE 01/01 � Q FORTWORTH ENWRONMENTAL MANAGEMENT ADDENDUM #1 TO: Interested Bidders FROM: Pamela Cbven, Senior Environmental Specialist 41 Environmental Management Department DATE: June 12, 2(*7 RE: Addendum #1 Reference No. DEM07-06: PST The City of Fort Worth Environmental Management Department is extending the submission date for proposals to July 12,2007. Proposals are being accepted for the furnishing of all labor., materials and equipment necessary to perform the required testing of petroleum storage tanks owned or operated by the City of Fort Wortb and the performance of required Stage lI Compliance Testing on all applicable tanks. Proposal documents may be obtained from the City of Fort Worth, Environmental Management Department's website. Phe URL address is: b=://www..fortworthLFoy.orp-/Oem/info/default.ast)x?id=8020 Questions regarding this matter should be directed immediately to Ms. Pamela Green, Senior Environmental Specialist at the City of Fort Worth, Environmental Management Department, 1000 Throckmorton Street, Fort Worth:, Texas 76102 or via email at Pamela.Green@fortwortharov.or . Proposals must be submitted in a sealed envelope, addressed to and received at the City of Fort Worth Purchasing Division, 1000 Tluockmorton (lower level), Fort Worth, Texas 76102-631.1 by 1:30 pm,Thursday Judy 12,2007, or. they will be returned unopened. RECEIVED 06-12-'07 09:32 FROM- 8173926359 TO- u s t inc. P001/001 06/20/2007 14:56 8173926359 ENVIRONMENT MGMT PAGE "" 02/02 FORTWORTH ENVIRONMENTAL MANAGEMENT ADDENDUM #2 TO: Interested Bidders FROM: Pamela Green, Senior Environmental Specialist AX Environmental Management Department DATE: June 20, 2007 RE: Addendum #2 to Reference No. DEM07-06:PST General Comments: • Proposals are due -on Thursday, July 12, 2007 no later than 1:30 PM at the City of Fort Worth Purchasing;Di.vision, 1000 Throclanorton, Fort Worth, Texas 76102. ONE (1) original wpy of the Request for Proposal (RFP) and three (3) complete bound copies MUST be submitted to be considered RESPONSIVE. Questions and Responrses: Question#1: What kind of equipment should be included in Section 2.15? Response#1: Please delete Section 2.151nventory of Equipment. Question#2: Section 2 lists "Bonds" in the checklist but the requirements are not listed in Section 2. Response#2: Bond requirements are listed in Section 1.6 Security. RECEIVED 06-20-'07 14:47 FROM- 8173926359 TO- u s t inc. P002/002 07/05/2007 15:46 8173926359 ENVIRONMENT MGMT PAGE 02/02 FORTWORTH ENVIRONMENTAL MANAGF.MFNT ADDENDUM#3 TO: Interested Bidders FROM: Pamela Green, Senior Environmental Specialist U-Pfi Environmental Management Department DATE: July 5,2007 RE: Addendum 63 to Reference No.DEM07-06:PST General Comments: • The closing date for submittal of requests for interpretation of the Request for Proposal (RFP)is July 5, 2007, 1:30 pm, as per Section. 1.3 Interpretation of Request for Proposal Documents. • Proposals are due on.Thursday, July 12, 2007 no later than 1:30 PM at the City of Fort Worth Purcbasing Division, 1000 Throckmorton, Fort Worth, Texas 76102. ONE (1) original copy R.F1' and three (3) complete bound copies must be submitted to be considered responsive. Questions and Responses: Question#1: In Section 2.4 in the Cost Table, does the item "Stage Il Annual Pressure Decay Test"mean only the pressure decay test portion of Stage II testing? Response#1: No. "Stage II Annual Pressure Decay Test" should read "Stage II Annual Test," encompassing all portions of Stage 11 testing required by State law. Question#2: How many tanks and sites are involved in the contract, and what types of routine testing are anticipated? Response#2: The City of Fort Worth has 43 underground storage tanks at eighteen(18)sites. o Annual Stage II testing is to be conducted at four(4)sites. o Triennial corrosion protection system tests are to be conducted at the(3) sites. o Annual line leak detector testing and piping tightness tests are required at five (5) sites that have pressurized piping. One (1) site has an electronic line leak detection system. o Triennial testing is conducted at thirteens (13)sites that have suction piping. RECEIVED 07-05-`07 15:37 FROM- 8173926359 TO- u s t inc. P002/002 2.3 PROPOSAL SUMMARY ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL RULES AND REGULATIONS. CONTRACTOR IS REQUIRED TO STAY ABREAST OF ANY CHANGES TO APPLICABLE RULES AND REGULATIONS. TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform the required testing of petroleum storage tanks owned or operated by the City of Fort Worth and the performance of required Stage II Compliance Testing on all applicable tanks. Contractor equipment and personnel are capable of performing each type of procedure listed in the Project o Data either within house resources or through subcontracts. All Proposal Documents have been submitted in one sealed envelope. Costs are provided within the Proposal Documents in Section 2.4. Contractor shall begin work no later than fourteen (14) calendar days from date of Task Order. In emergency situations Contractor will respond as necessary. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(60)days from the date of submittal. CONTRACTOR: Unified Services of Texas BY: Mark Auer Jr. (Company Name) (Print or a ame of signatory 2110 Greenbriar Drive (Address) (Signature) Southlake, TX 76092 Testing Manager (City,State,Zip) Title(print or type) 817-481-9510 ext. 108 817-488-1729 (Phone) (FAX) 2-4 2.4 COSTS Contractors should provide a price estimate for each task of each technology method proposed in the table below. The Contractor may wish to include additional tasks as appropriate depending on the complexity of the technology proposed. A cost estimate for each task associated with a subcontractor should be provided. Prices listed in the table shall include all labor,material, and equipment to perform the function. Please initial this Cost page in the lower right hand corner. NO COMPENSATION SHALL BE PAID to the Contractor for the cost of obtaining and maintaining insurance, bonds, licenses, and certificates as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Proposal. System Tests COST ESTIMATE ITEM Tank Size Under-Fill Method Over-fill Method UST Tightness Test 550 gallon 400.00 /each 850.00 /each 1,000 gallon 400.00 /each 850.00 /each 2,000 gallon 400.00 /each 850.00 /each 4,000 gallon 400.00 /each 850.00 /each 6,000 gallon 400.00 /each 850.00 /each 8,000 gallon 400.00 /each 850.00 /each S 10,000 gallon 400.00 /each 850.00 /each 12,000 gallon 400.00 /each 850.00 /each 25,000 gallon 400.00 /each 850.00 /each " COST UST Piping Tightness Test ------ 75.00 /each UST Line Leak Detector Test ------ 50.00 /each Stage II Annual Pressure Decay Test ------ 600.00 /each Corrosion Protection System Test ------ /each Electronic Line Leak Detection System Test ---- 75.00 .n Miscellaneous Parts/Supplies ITEM COST Fill Cap 35.00 /each Fill Cap Gasket 6.00 /each Vent Cap 75.00 /each Mark-up for Outside Services: For materials,equipment,supplies,and PST related maintenance services that are not included in the above listed prices but are required at a job site,the contractor's costs will be billed to the City with a 20 mark-up. .. 2-5 1� Employee Labor Rates To further aid the City in its evaluation,the labor rates for typical categories of personnel employed by the Contractor shall be provided. Do not add categories. Select the City class closest to the Contractor's actual classification. All rates listed below shall be hourly rates. EMPLOYEE HOURLY RATE Principal /hour Technician /hour 2-6 jo F OKLAHOMA SURETY COMPANY P. 0.BOX 1404 TULSA,OKLAHOMA 74101 BID BOND KNOW ALL MEN BY THESE PRESENTS-That We, Unified Services of Texas, Inc. as Principal,and the OKLAHOMA SURETY COMPANY,a corporation organized and existing under the laws of the State of Oklahoma,and authorised Texas to do business in the State of 2a Surety are held and firmly bound unto the City of Fort Worth, Texas s<ablkM is the amount of 5%of bid amount DOIIARS, lawful money of the United States of America,to the payment of which sum of money well and truly to be made,the said Principal and Sully bind themselves,their and each of their heirs,executors,administrators,successors and assigns jointly and severally,by these presents. THE CONDMON OF THIS OBLIGATION 18 SUCH.that,if the Obligee shall make any award to the principal for. Tank testing at various location in the City of Fort Worth, TX ammliag to the terms of the proposal or bid made by the Principal iltewfor,and the Principal shall duly make and enter into a contract with the Obligee in accordant with the tams of said proposal a bid and award and shall give bond for the faithful perfbnra m thereof,with the OIGAHOMA SURETY COMPANY as Surety or with other Surety or Sureties approved by the Obligee;or if the Principal shall,in ease of failure so to do,pay to the Obligee the damages which the Obligee may stiffer by reason of such faihue not exceeding the'penalty of this bond, then this obligation shall be taill and void;otherwise it shall be and remain in furl force and effect Signed,Sealed and Dated this 5th day of July s 2007 Unified Services of Texas,Inc, BY (�1 NJ AHOMA TY COMPANY BY (Seal) A,ttofntydn-faot a^ _OKLAHC1NfA SUR TY COMPANY 'T 1194::Oklahoma 0. ftoiv all Men by these presents:That the OKLAHOMA SURETY COMPANY,a corporation of the State of Okbd ma,'having 6 principal office in the city of Tulsa,Oklahoma,pursuant to the following By-Law,which was adopted by the Stockholders of the said Company,to-wit: Section 10,.Article 1V,`All bonds,policies,undertakings or other obligations.of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President,Secretary, any Assistant Secretary;Treasurer, or any Vice President, or by such other z officers as the Board of Directors may:authorize. The Chairman of the Board;President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies,or undertakings in the name of the:. Company.The corporate seal is not necessary for the validity of any bonds,policies,undertakings,or other obligations of the corporation. The Company does hereby constitute and appoint Colleen C. Coleman, Barbara Eden, Rhonda H.00pingamer, Fred Monroe and M.A. Monroe,.individualiy.ofARLINGTON,TX it9 true andlawfiil attorne s in fact,to execute,seal and deliver for and o1r its f as Sur _y( } ety,and as its ac#and Any acid all bonds and undertakings of Suretyship And the execution of such instruments) in pursuance of the presents, shall be as binding upon the said OKLAHOMA SURETY COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office m Tulsa,Oklalicxna. IIJ wrrns5 WHEREOF, O&AHOMA SURETY COMPANY Teas executed and attested these i Mt presents this 6 day of Much ►: 2005 ATTEST: A�A CL A-10 &L� SARAi4NDE. SON ASSISTANT SECRETARY, TODD AZATA VICE PRESIDENT f)ri#Iris 16 day of March ,'2005 'before me,a Notary Public ofthe State of Oklahoma in and .for the' ounty of Tulsa,came the individual tome personally known to the officer described in;and wbx)executed the preceding uistrnment; s t and he acknowledged the execution of the same,and being by me duly sworn,said that he is the therein described and authorized officer of the OKLA140NIA SURETY COMPANY aforesaid,and that the seal affixed to the preceding instrument is the corporate of said Company,and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, 'arui that Article IV;:Section'10,of the-By of said Company,referred to.,in the preceding instrument;is now in IN TES TIIvLONY WHEREOF,I have hereunto set my hand and affixed my official seal at the cityof'(7ilsa,the day and year first above wntteit.. �' y , , Commission# 99009381 STATE OF OKLAHOIt+I '• '� M'Commission expires 06 07-07 G COUNTY OF TULSA;� UU CALI.ANRN Notary Public y 1 Ar SARA ANDER +++ ectetary of OKLAHOMA S TY COMPANY do hereby certify that the foregoing extracts of the.ByyL: anti of a Resol tit. $ afct of Dirt ctors of this csi�oration and of a Power of Attorney issued rursuant thereto are true and correct,andthat bout the By<Lay✓s, f►e Resolution and the Power of Attorney are still in full force and effect r This certifies that any facsimile or mechanically-produced signature of any officer of the Company and Company seal,wherever appearing upon a power of attorney 1h4 Company,shall be valid and bindin#upon the Company wittt flee same force and:effect as though manually affixed. WITDii;SS W REOF:l have hereunto'setmy'hand and affixed the facsintile seal of said corporation Si O R this clay of - I. ?o. f' .va�T � : -z ; v '^ • � C�..-�- fit. SAR ERS Assistant Secretary A AND ON.. 2.5 MINORITY AND WOMEN BUSINESS ENTERPRISE(M/WBE)UTILIZATION REQUIREMENTS The City of Fort Worth has goals for the participation of minority and women business enterprises (M/WBE) in City contracts. For a Proposal which exceeds $25,000 to be considered responsive, a (NI/WBE)compliance statement must be submitted as one of the Proposal Documents. The expected not-to-exceed amount for this Contract will be $20,000 per year which is below the $25,000 threshold requiring a Minority and Women Business Enterprises(M/WBE)Participation Goal. There is no M/WBE Goal for this Project. 2-7 2.6 QUALIFICATIONS OF THE CONTRACTOR _ Contractor shall identify its company name,address,telephone number(s),and FAX number(s)for the local office as well as the headquarters. Contractor shall attach a copy of its current Statement of Qualifications (25 pages maximum). If subcontractors are to be utilized for services to be provided, current Statements of Qualifications for those companies must also be included. - Contractor shall submit a brief resume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. Document Contractor's experience (INCLUDING REFERENCES) with tank tightness testing, piping testing,Line Leak Detector(LLD)testing, Stage II Testing, and all other applicable testing associated with underground storage tank (UST) compliance and maintenance. If applicable, photographs, schematic drawings, and vendors brochures should be included with a narrative description. A copy of the Contractor's Inventory of Equipment must be submitted as Document 2.15. INCLUDE A COPY OF THE QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE 2-8 06/21/2007 15:11 FAX 8172376554 J & S TESTING SEKVjt;tS wiuuc �r J& s Testing Services P. O. Box 136668 Fort Worth,Texas 76136 Office(817)237-1899 FAX(817)237-6554 Statement of Qualifications J& S Testing Services, Ltd.,formerly known as Petrosery Testing Services(PTS),was Established in June of 1990 and changed ownership and name in June of 2001. PTS began performing tank and line testing and eventually Stage H Compliance testing to meet a growing need to prevent releases of gasoline and volatile vapors from the storage tanks of gasoline. With the change of ownership to J& S Testing Services, a new dedication to precision testing was realized with the sole dedication of its employees to testing services only. The original tester for PTS and now a partner in J& S Testing Services is Raymond Edward Joines, Jr. (Eddie). Eddie started performing tank and line testing in 1993 after three years experience in installing and removing underground storage tanks(USTs). In 1994, when Stage II Vapor Recovery started being installed in Texas, Eddie went to the Texas Natural Resource Conservation Commission and got approval to begin performing the compliance testing on these systems. Eddie is now listed on the Texas Commission on Environmental Quality's database for approved Vapor Recovery testers. Eddie graduated from the University of North Texas and currently holds licenses in tank, line and leak detector, and cathodic protection testing along with his Stage II Vapor Recovery Testing listing. Jimmy Don Stahr, Jr. began in the UST field in 1992. With a background in drafting and mechanics having graduated from Texas State Technical College, Jimmy began as an UST installer and then spent five years as a service technician diagnosing and solving problems with USTs. In 1998, after the installation of most vapor recovery systems, Jimmy began to perform Stage H Vapor Recovery, tank and line testing for PST. Now the other partner in J& S Testing Services, Jimmy is also on the TCEQ testers database. With a keen understanding of the mechanics of vapor recovery systems, Timmy is a premier diagnostician and trouble shooter of internal vapor recovery system problems. With our combined 32 years professional experience in the UST and specifically,the testing of tanks, limes and leak detectors, and Stage II Vapor Recovery systems, J& S Testing Services continues to operate on a principal of good environmental quality for our children and grandchildren to come. '" RECEIVED 06-21-'07 15:45 FROM- 8172376554 TO- u s t inc. P002/002 �r REFERENCES Unified Services of Texas, Inc. (UST) is pleased to provide City of Fort Worth with the following references for providing tasks similar to those required by the solicitation. 4 1. Client: American Airlines Point of Contact: Mr. Charles Fisher Facilities Maintenance P.O. Box 619047, MD 1132 DFW Airport, Texas 75261-9047 (972)425-6810 Facsimile (972) 425-0439 Description of Tasks Performed: Tank and Piping Tightness Testing and Monthly Monitoring Services; Line Leak Detector (LLD) Installation and Testing. Periods .. Of Performance: 1992 to present 2. Client: Allied Aviation/Ogden Aviation Services Point of Contact: Mr. Gary Shiftlet General Manager, DFW Fueling P.O. Box 610031 DFW Airport, Texas 75261-0031 (972) 574-2610 Facsimile (972) 456-0938 Description of Tasks Performed: Stage II Vapor Recovery Installation, Repair and Testing; Tank and Piping Tightness Testing and Monthly Monitoring; Line Leak Detector (LLD) Installation and Testing; Automatic Tank Gauge - (ATG) Installation, Testing, Repair and Certification; Leak Detection System Design and Installation. Periods of Performance:1992 to present 3. Client: Grand Prairie Independent School District Point of Contact: Mr. Dave Crittenden 2602 South Belt Line Road Grand Prairie, TX 75053 (972) 237-5592 Facsimile (972) 237-5533 Description of Task Performed: Underground storage tank (UST) Tank and Piping Tightness Testing; Stage II Vapor Recovery Annual Testing and LLD Testing. Compliance upgrades including spill and overfill and cathodic protection systems. Periods of Performance: 2004 to Present 4. Client: Barney Holland Oil Company Point of Contact: Mr. Barney B. Holland, Jr. President P.O. Box 75994 Fort Worth, Texas 76111-0594 (817) 834-6600 Facsimile (817) 222-3456 Description of Tasks Performed: Tank and Piping Tightness Testing and Monthly Monitoring Services; Line Leak Detector (LLD) Installation and Testing; Stage I and II Vapor Recovery Systems Installations and Testing. Periods of .. Performance: 1992 to Present .n .r ■r Ia�v�o�s Cath© P'rotechon Ol ? ......:..... . . �1I SACRIFICIAL ANODES OR GALVANIC SYSTEMS ® Sacrificial anodes are pieces of metal more electrically active than the steel UST system. II Because these anodes are more active, the corrosive current will exit from them rather than the UST system. Thus, the UST system is protected while the attached anode is "sacrificed." ® Sacrificial anodes can be attached to existing USTs or coated steel new USTs for a pre-engineered I cathodic protection system. ® The UST coating must be of a suitable dielectric material. In other words, the coating will electrically isolate the UST from its environment and meet applicable industry codes. An asphalt coating is not considered a suitable dielectric coating. ® Depleted anodes must be replaced for continued cathodic protection of the UST system. �II IMPRESSED OR INDUCED CURRENT SYSTEMS N An impressed current cathodic protection system consists of anodes, cathodes, a rectifier and the soil. �II 9 The rectifier converts the alternating current to direct current. The direct current is then sent through w an insulated copper wire to anodes that are buried in the soil near the UST system. ® Typical anode materials are ceramic silicon cast iron, or graphite. Ceramic anodes are no yp , high as n, gr p t consumed, where as high silicon cast iron and graphite anodes partially dissolve each year and must be replaced over time. ® The direct current then flows from the anode through the soil to the UST system, which acts as the 'I cathode, and back to the rectifier through another insulated copper wire. 0 As a result of the electrochemical properties of the impressed current cathodic protection system, �i corrosion takes place only at the anodes and not at the UST system. i ® Depleted anodes must be replaced for continued cathodic protection of the UST system. In the event of any discrepancy between this document and the Arizona Revised Statutes or Rules,the statutes or rules shall prevail. need INFORMATION...diaL 602-207-4155...oc..www.adegstate.az.us �I �I DESCRIPTION AND USE UST 2000/P The UST 2000/P and New! 2000/P use identical protocols and equipment. The software of the new system has been rewritten to produce different graphical outputs and to input tank data automatically, rather than relying on the technician. The UST 2000/P leak detection system uses fan ultrasonic sensor which measures changes in the speed of sound between calibration rods and the sensor. This system may be used for tanks containing gasoline, diesel, aviation fuel, �( solvents, water, kerosene and some other liquids to be determined in consultation with U.S. Test. This method is not appropriate for 94 or#6 fuel oil or waste oil. A threshold value of 0.05 gallon per hour is used to declare the presence of a leak. If groundwater is found to be above the bottom of the tank, the test operator has three options: Defer the test until the water level drops, compensate statistically for the leak rate, or pressurize T the tank with nitrogen to offset the hydrostatic pressure. Tank deformation is assumed to stabilize during the stabilization period. Temperature differences can be determined by data trends which show deviations from or approaches to steady state. UST 2000/U The UST 2000/U system is designed to detect leaks in the ullage space of an underground storage tank. Functionally, it is a digital recorder attached to a microphone. The equipment consists of a microphone, an amplifier, an analog-to-digital converter and a 286-compatible computer. Peripheral equipment may include a nitrogen supply, a vacuum pump, hoses, pressure gauges, relief valves, vent plugs, etc. r Background measurements are made at ambient tank pressure for the reference point, then compared to measurements made with the tillage space pressurized to+2 psig or-1 psig. A leak in the ullage space produces a hiss which is identifiable in a particular frequency range. TESTS AND RESULTS Ken Wilcox Associates has certified the three versions of the UST 2000 series as meeting the U.S. EPA performance standards for leak detection. The UST 2000/P system met the volumetric tank tightness testing protocol using a threshold of 0.05 gallon per hour. It showed a probability of detecting a 0.10 gallon per hour leak of 99 percent. The corresponding probability of false alarm was less than 1 percent. The UST 2000/U system with+2 psig on the ullage met the nonvolumetric tank tightness testing protocol with a probability of detecting a 0.10 gallon per hour leak of close to 100 percent. The UST 20001U system with -1 psig on the tillage met the nonvolumetric tank tightness testing protocol with a probability of detecting a 0.10 gallon per hour leak of close to 100 percent. LIMITATIONS OF APPROVAL All Testing The procedures specified by U.S. Test shall be used to conduct all tests. .. UST 2000/U - The ullage volume tested shall be no larger than 10,000 gallons when the tank is pressurized to 2 psig positive pressure. The ullage volume tested shall be no larger than 7,000 gallons when the tank is - pressurized to 1 psig negative pressure. Total data collection time shall be at least 15 minutes. UST 2000/P The tank shall be filled to 95 percent of capacity if using the 2000/P alone. When used in conjunction with ullage testing, the tank shall contain at least 24 inches of product ' which is the minimum needed to cover the first temperature sensor. _y The capacity of the tank shall be no larger than 45,000 gallons. The waiting time after adding a substantial amount of product will vary depending on tank size but shall be no less than 8 hours for tanks up to 10,000 gallons, 24 hours for a 20,000-gallon tank and 48 hours for a 30,000-gallon tank. The temperature between added product and product already in the tank shall not vary by more than 6.5°F. The average temperature of the product in the tank shall not vary by more than 0.1°F. for the duration of the test The total data collection time will vary depending on tank size, geometry and the amount of product contained. In no case shall the data collection time be less than 1 hour. For a 30,000-gallon cylindrical tank, the data collection time shall be at least 6 hours. This approval is valid through December 31, 2003, unless manufacturing modifications are made to the product or a re-examination is deemed necessary by the department. The Wisconsin .; Material Approval Number must be provided when plants that include this product are submitted for review. DESCRIPTION AND USE The Petro Tite line leak detection system uses a preset threshold and a single test to determine whether a pipeline is leaking. The system declares a leak if the output of the measurement system exceeds a threshold of 0.05 gallon per hour. The systems may be used when trapped vapor is present in the pipeline. Prior to the start of the test, the line is purged of air and vapor. The Petro Tite method tests for the presence of vapor at the end of the test. If the bleed back test results fall within the tolerance of the 'L method, the results are valid. ERS-5863-A E(R.01/02) Az— Commerce Material Approval No. 20020012 Page 2 of 3 The system may be used on lines that contain gasoline, diesel, aviation fuel, #4 and #6 fuel oil, waste oil, and some solvents. TESTS AND RESULTS The performance of the Petro Tite pipeline leak detection system was determined using the EPA protocol for evaluation of pipeline leak detection systems. When using a leak detection threshold of 0.05gph, the system is capable of detecting a 0.1 gallon per hour leak at 20 psi with a PFA of 0.37 percent and a Pp of 99.9 percent. The EPA test procedure used addressed only the issue of the methods ability to detect leaks and not safety hazards. LIMITATIONS /CONDITIONS OF APPROVAL • The Petro Tite Line Tester is approved for use on pipeline systems for underground storage tank facilities that contain petroleum or other chemical products. It is approved for use on both rigid and flexible piping. • The operating instructions and test procedures specified by Purpora Engineering, Inc. shall be used to conduct all tests. • Line tester operation shall be verified annually, and calibrated in accordance with manufacturer's instructions if necessary. • The manufacturer shall submit for a revision to this Wisconsin Material Approval application if any of the functional performance capabilities of this equipment are revised. This would include, but not be limited to changes in software, hardware, or methodology. -- + Mechanical line leak detectors shall be removed from the pipeline before testing. Critical performance parameters for the Petro Tite Line Tester: Rigid Piping: Test Line Pressure - 150% of normal operating pressure - 15 psi for suction systems +� Maximum Test Line Pressure 120 psi Maximum Test Line Size 6 in. Minimum waiting period between last product None •� dispensing and start of data collection Minimum time for test 1.5 hours (if detected leak rate < 0.005 gph) 2 hours (if detected leak rate> 0.005 gph) V- Total maximum allowable volume of product in 129 gallons or less any rigid test pipeline Flexible Piping: Test Line Pressure 60 psi Maximum Test Line Pressure 120 psi Minimum waiting period between last product None dispensing and start of data collection ' Minimum time for data collection 2.5 hours Minimum Flexible Piping Bulk Modulus 1,280 psi Total ma)amum allowable volume of product in 49.6 gallons or less any flexible test pipeline 4: 4` cc � a ' _ a •-4 o m b rq o O +1 u 41 G +1 U _ $ •H .• a c� w O p( h Fo i o A H H V w a o O H 14 •rl H O 11 z 41 u O y00 u 11 � u H t:4 CQ � Q cj - � z U C Z M O rn W -y °0 oo U rt a i w 00 H N � y I � s M W cV W W ��� 00 Fri b M b O x , 0 N off o co x " a u�o 0 ti 3 � oo w $ 00 PL4 i W o n w w � w o H �o N 2.9 STATEMENT OF RESIDENCY _ The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies,Services;Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in the bid being declared non-responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate, with its bid, the Statement of Residency Form,but in any event, the low bidder shall submit this information within five(5)business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the _ Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE§2252.001 defines a Texas"resident bidder" as a bidder whose principal place of business* is in the state of Texas,including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 .. defines a "Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business*in the state of Texas. Bidder's complete company name: Unified Services of Texas State your business address in the space provided below if you are a Texas Resident bidder: 2110 Greenbriar Drive Southlake, Texas 76092 State your business address in the space provided below if you are a Nonresident bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means,for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted;and o has at least one employee who works in the Texas office Form prepared by: Mark Auer Jr. Name Testing Manager Title June 6, 2007 Date .. 2-11 Ak- 60 2.10 NONDISCRIMINATION All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Proposer agrees that Proposer, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Proposer, its employees, officers, agents,contractor or subcontractors herein. PROPOSER: Unified Services of Texas BY: Mark Auer Jr. Company Name (Print o type name of signatory) 2110 Greenbriar Drive 42*4 Address (Signature) Southlake. TX 76092 Testing Manager City,State,Zip Title(print or type) 2-12 I� 2.11 PREVAILING WAGE RATES go A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258,with respect to payment of Prevailing Wage Rates for public works contracts. The current wage scale for members of the Building and Construction trade immediately follows this page. go A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and not less than the general prevailing rate of per diem wages for legal holiday and .e overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract,or a subcontractor of the contractor,shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code,and intends to comply with same in the execution of this project. CONTRACTOR: Unified Services of Texas BY: Mark Auer Jr. Company Name (print ortWe name of signato ) no 2110 Greenbriar Drive Address (Signature) Southlake, TX 76092 Testing Manager City,State,Zip Title(print or type) 2-13 AO :- go .. City of Fort Worth Building&Construction Trades Prevailing Wag a Rates For 2006 Ow Classifications Hourly Rates Classifications Hourly Rates Air Conditioning Mechanic $17.55 Sheetrock Hanger $13.37 Air Conditioning Mechanic Helper $10.74 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $14.26 Sprinkler System Installer $17.86 us Acoustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $13.33 Bricklayer/Stone Mason $19.29 Steel Worker Structural $16.20 Bricklayer/Stone Mason Helper $13.07 Steel Worker Structural Helper $11.71 us Carpenter $15.76 Welder $15.88 Carpenter Helper $11.69 Welder Helper $11.25 Concrete Finisher $14.29 an Concrete Finisher Helper $10.09 Concrete Form Builder $12.16 Concrete Form Builder Helper $8.81 or Drywall Taper $13.25 Drywall Taper Helper $8.00 Electrician Journeyman $19.79 Heavy Equipment Operators Hourly Rates To Crane,Clamshell,Backhoe,Derrick, Electrician Helper $12.95 Dragline,Shovel $16.07 Electronic Technician $20.06 Forklift Operator $12.62 Electronic Technician Helper $12.27 Foundation Drill Operator $17.55 Floor Layer(Carpet) $15.17 Front End Loader Operator $13.27 Floor Layer Resilient $15.94 Truck Driver $12.66 _ Floor Layer Helper $11.00 Glazier $14.35 Glazier Helper $10.32 Insulator Pie $15.05 Insulator Helper Pie $10.12 Laborer Common $9.21 Laborer Skilled $11.59 No Lather $15.94 Lather Helper $11.12 Metal Building Assembler $14.29 Ow Metal Building Assembler Helper $9.33 Painter $12.86 Painter Helper $8.66 .. Pi efitter $18.22 Pi efitter Helper $12.90 Plasterer $16.16 no Plasterer Helper $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Helper $10.24 Source is Fort Worth Chapter .r Sheet Metal Worker $15.73 Associated General Contractors(www.Quoin.org) Sheet Metal Worker Helper $10.53 3/15/2006 up .� 2-14 2.12 INSURANCE CERTIFICATES A successful Contractor will be required by the contract to have insurance coverage as detailed below. .. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department,Administrative Offices,within 14 calendar days after Notice of Award. .. (a) Insurance coverage and limits: .. 1. Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate u 2. Professional Liability Insurance -NOT APPLICABLE. 3. Automobile Liability Insurance— Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: .. o $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and$250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation— o Coverage A: statutory limits .. o Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee 5. Environmental Impairment Liability (EEL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s)must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). (b) Certificates of insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. UW 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon,as its interests may appear. The term City shall include its employees,officers,officials, agents,and volunteers as respects the contracted services. 2. Certificate(s) of insurance shall document that insurance coverage specified according to items in section(a)above are provided under applicable policies documented thereon. UW 3. Any failure on part of the City to request required insurance documentation shall not "W 2-15 .r .o constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage ~ shall be provided to the City. A ten(10)days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Brian Boerner, Director, Environmental Management 40 Department,City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be .o otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. Us 6. Deductible limits,or self-insured retentions,affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled,upon its request and without incurring expense,to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required in section (a) above, except for the Professional Liability insurance policy,shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor.When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein,in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. FOR PURPOSES OF EVALUATING THIS PROPOSAL,PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S)FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. 2.13 CONTRACTOR'S LICENSES&CERTIFICATES 2-16 Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work Contractor must provide a copy of the appropriate certifications, registrations, and licenses and related certificates(including Subcontractors)with their submittal. Contractor should include copies of the Company licenses and certificates from EPA,DOT,TCEQ,etc. and provide copies of individual licenses and certificates upon request from the City. The undersigned acknowledges the requirements of this section,and intends to comply with same in the .. execution of this project. CONTRACTOR: Unified Services of Texas BY: Mark Auer Jr. .� Company Name (Print or a name of sign ) 2110 Greenbriar Drive Address (Signature) Souchlake, TX 76092 Testing Manager City,State,Zip Title(Print or type) ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE 2-17 *fnfr of Z0411*-rVnS Historically Underutilized Business Certification and Compliance Program E 0 �+ COT The Texas Building & Procurement Commission (TBPC), hereby certifies that UNIFIED SERVICES OF TEXAS, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 20-MAR-2004, supersedes any registration and certificate previously issued by the TBPC's HUB Certification and Compliance Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB program in writing. The Commission reserves the right to conduct a compliance review at any time to �+ confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. ?,j A. CertificateNlD Number: 1752383697500 Paul A. Gibson FileNendor Number: 36056 HUB Certification & Compliance Supervisor Approval Date: 18-MAR-2004 Texas Building & Procurement Commission Expiration Date: 18-MAR-2008 (512) 305-9071 Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing — this business as a HUB, they must award payment under the CertificateNlD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http://www.tbpc.state.tx.us)or by contacting the TBPC's HUB Certification and Compliance Program at (888) 863-5881 or(512)463-5872. Pv Ell ki cu cl Q go i i 0 u m C. 0' i��i= , � �� � Z � � � .d v ' •'�3{fit v � c 'Cc as ea as 'I C N V o ° r y w a o o a ° E r �p as co y i+ co CD i � 4- N a bA N E O y V s - .t . i N C U O W 7CV CC) CC Cc d C N ` U Z ,i,, M� N N ' i +I` n . fn y ++ [tw #s' (nt N CyC .Vt d C CO o) A o " E E .� V 0) � 02NLO c") cm ° O Q,I O O N r N Au Z Z � �I M M ( Z a� � w 3 o °- > Q = Hcic c z ;, .. ..t d L. CIS CISy P U b E.I > �c e E��•r , U a� y V I PI :I " o � r 1 o F a 4" S 4 a Q N U � a aH ,7 U V w � w �-+ •N o U p O q � N V r cG) 44 � •o y 2 Ro O C � J � d V � I Cy z W � � 0 Sv Q 00 � w W � U h 00 H a CIO N Q M 00 to !R ta v 14� ti TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PO BOX 13087 MC-178 + AUSTIN TEXAS 78711-3087 Your UST ON-SITE SUPERVISOR certificate and pocket card are enclosed. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TEST SCORE:N/A CONTACT INFORMATION:OCE LICENSING MARSHALL D RYAN UNDERGROUND STORAGE TANK LICENSING Is hereby licensed as an (512)239-5612 UST ON-SITE SUPERVISOR For procedures to renew this license,or for general Class License Number Expires information about licensing visit: A&B ILP001210 07/31/2008 www,tceq.state.tx.us/naylpermits/licenses.html R LICENSEE SIGNATURE SECTION MANAGER r TCEO VIPP Form ocO(07 436-04) a/ TEXAS COMMISSION ON ENVIRONMENTAL QUALITY . I Be it known that MARSHALL D RYAN. , has fu (ed the-requirements in accordance with the laws of the State of Texas for CLASS A&B UST ON-SITE SUPERVISOR W License Number: ILP001210 - Issue Date: 06/08/2006 - -- Expiration Date: 07/31/2008 .Section Manager Texas Commission on. .`Environmental Quali ' r lu .p ul w � Al,mom ui ® . m N o v IL a 2 cu C h vvr&ar yO rILA OAIGOIUvU% J 6t .1 1t�Jl�1PIG J't.�l'IV1liY�'J• 1O0O2 _. --__ _ uwm mn n.muu .....l.Nunr..o..nu. w.Niw•umJ Nx.Iw.i.u..n..IMIN.INI•W 1. nn.nu town ...xn � • -� �- �� _ _� — '- �f _.]T�•`'/ ��.,�1=�,u \1/ P/ �y {"� \O i-\xY rl>\ \• 171 l �_� — -........ .. 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ONO MY C n n Ml R11TA)MR LWTTQ'JT C V P 2.14 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY Contractor's legal and compliance history is a critical component of this Request For Proposals. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report will result in the Contractor's submittal being declared non-responsive. Contractor shall attach a written report of legal action brought against Contractor,Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relatingto o the protection of the environment. The terms "legal action" and "relating to the protection of the environment" are defined below. The report shall include all legal action brought within five(5)years of the closing date of this Request for Proposals. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action,all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case(X vs.Y) Settlement Information(as appropriate) • Cause Number Names/Addresses of all parties named .. • Court Counsel List and phone numbers • Date of Disposition Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health),and any other state agency,commission or department,whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any •+ laws, licenses, permits, judicial orders, or administrative orders, relating to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil ,r litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relatingto o the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means:requirements pertaining to the manufacture,processing, distribution use,handling, storage, transportation,reporting,records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials,hazardous substances,hazardous wastes,toxic substances,petroleum, •� industrial waste, solid waste,pollutants or contaminants into or onto the air, surface water, drinking water,groundwater,storm water,publicly owned treatment works,or land. r THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor,using the form on the following page. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. ar •� AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: 2-18 OAT (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Contractor is a partnership,a general partner;and `r (3) If the Contractor is a sole proprietorship,the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND BOUND WITHIN THE PROPOSAL. 2-19 Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's,Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system r designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and r imprisonment for knowing violations. CONTRACTOR: .. (Company Name) BY: (Signature) (Print or type name of signatory) r (Title) (Date) Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees,or r Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Unified Services of Texas (Company Name) � BY:.-- '�Q N� Tricia M. Stefanko (signature) (print or type name of signatory) Vice-President June 13,E 2007 do (title) (date) MW r 2-20 AE- Invoice Unified Services of Texas, Inc. Date Invoice# 2110 Greenbrier Drive 5/10/2007 07-194 Southlake, Texas 76092 Bill To: Job Site: City of Fort Worth Southside Service Center Attn: Pamela Green 4100 Columbus Trail Dept, of Environmental Management Fort Worth, TX 76133 1000 Throckmorton St. Ft. Worth, TX 76102-6311 Cust P.O. No. Terms Due Date Rep Project Completed 0713005 Net 30 6/9/2007 Jr 3200-000 03/28/07 Description Quantity Price Each Amount Annual Compliance Tests Swivel Fill 1 150.00 150.00 Non Loosening Clamp 1 30.00 30.00 Low Profile Fill Cap 1 58.30 58.30 Morrison Vent Cap 1 87.60 87.60 Stage II Compliance Test 1 600.00 600.00 Petro-Tite Line and Leak Detector Test 3 125.00 375.00 Thank you for your business. Subtotal $1,300.90 Sales Tax (0.0%) $0.00 Total $1,300.90 *+ Office: (817)481-9510 Fax: (817)488-1729 website: ust-inc.com J& S Testing Services P.O.Box 136668 Ft. Worth,Texas 76136 Office(817)237-1899 FAX(817)237-6554 March 31, 2007 Unified Services of Texas 2110 Greenbriar Blvd Southlake,Texas 76092 RE: Southside Service Center 4100 Columbus Trail Fort Worth, Texas 7613 3 To Whom It May Concern: Attached are copies of the testing that was performed at the above referenced location. The following tests were conducted... 1. Petro-Tite Line and Leak Detector.Test 2. Stage H Annual Compliance Test The results show that the system has passed and is in compliance with all federal and state requirements for a passing system. Thank you for the opportunity to be of assistance. Sincerely, Eddie oines Petroleum Tester J & S Testing Services P.O. Box 136668 Fort Worth,Texas 76136 Office(817)237-1899 FAX(817)237-6554 w Line Tightness Data Sheet Customer: Southside Service Center Address: 4100 Columbus Trail City,Zip: Fort Worth, Texas 76133 Site: Same Address: City,Zip: Date: 3/28/2007 Pressure Volume Grade ID Time Descripion Before After Before After Change Final RU 1100 Set Base Pressure @ 60 0 60 1115 Reading One 60 60 0.0460 0.0460 0.0000 1130 Reading Two 60 60 0.0460 0.0460 0.0000 1145 Reading Three 60 60 0.0460 0.0460 0.0000 1200 Reading Four 60 60 0.0460 0.0460 0.0000 0.0000 After Bleed Back 60 0 0.0100 0.0630 0.0530 PASS DSL 1100 Set Base Pressure @ 60 0 60 1115 Reading One 60 60 0.0460 0.0460 0.0000 1130 Reading Two 60 60 0.0460 0.0460 0.0000 1145 Reading Three 60 60 0.0460 0.0460 0.0000 1200 Reading Four 60 60 0.0460 0.0460 0.0000 0.0000 After Bleed Back 60 0 0.0100 0.0580 0.0480 PASS DSL 1100 Set Base Pressure @ 60 0 60 1115 Reading One 60 60 0.0460 0.0460 0.0000 1130 Reading Two 60 60 0.0460 0.0460 0.0000 - 1145 Reading Three 60 60 0.0460 0.0460 0.0000 1200 Reading Four 60 60 0.0460 0.0460 0.0000 0.0000 After Bleed Back 60 0 0.0100 0.0570 0.0470 PASS J & S Testing Services P.O. Box 136668 Fort Worth, Texas 76136 Office(817)237-1899 FAX (817)237-6554 Leak Detector Test Sheet Customer: Southside Service Center Address: 4100 Columbus Trail City,Zip: Fort Worth, Texas 76133 Site: Same Address: City, Zip: Date: 3/28/2007 Sensing Operating Metering Leak Grade ID Description Time Pressure Pressure Bleedback Rate Results (psi) (psi) (mL) (gal/Hr) RU Red Jacket 2.0 27 13 145 3.0 pass DSL Vaporless 2.0 31 18 195 3.0 pass DSL Vaporless 2.0 30 12 120 3.0 pass TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Vapor Recovery Test Result Cover Sheet (Notice:Submit Test Results to the appropriate TCEQ regional office,and local program with jurisdiction,within 10 working days of test completion. See reverse side for addresses.) Tests of the Vapor Recovery System were conducted at the following location: Facility Name: Southaide Service Center Facility ID Number: 0048704 Facility Address: 4100 Columbus Trail Facility City: Fort Worth State: TX Zip: 76133 Facility Phone: S ) Owner Name: Fort Worth Equipment Services Phone Number: ( ) Vapor Recovery System installed: System UST or AST Type of System' Executive Order or Test Purpose' Certification Number Stage I UST Two Point N/A N/A Stage II UST Vapor Assist G-70-186 CM 1 Coaxial or Two-Point for Stage I,Balance or Assist for Stage H. 2 Test purposes are:CI=Initial Compliance,CA—Annual Compliance,CMS After Major.Modification,or 5Y=Five Year. y The.Following Tests were Conducted at this Facili : Test Procedure Name Date Tested Name of Person(s)Conducting Test Pass or Fail Number TXP-101 Vapor Space Manifold 3/28/2007 J&S Testing Services—Stahr PASS TXP-102 Pressure Decay 3/28/2007 J &S Testing Services—Stahr PASS TXP-103 Dynamic Backpressure 3/28/2007 J&S Testing Services—Stahr PASS TXP-104 Flow Rate Determination 3/28/2007 J&S Testing Services—Stahr PASS TXP-105 Liquid Removal Device ____ _--- ---- TXP-106 V/L Ratio ---- TP-201.5 CARB A/L Ratio ---- --_- --_- TXP-106-2 A/L Using Hasstech Equipment --_- __-_ ..— TXP-107 Healy Booted Nozzle 3/28/2007 J &S Testing Services—Stahr PASS Other: 0 AM 0 AM The tester arrived on-site at 09:15 ❑PM and departed at 11:30 ❑PM There are a total of 6 pages containing test results attached to this cover sheet. I certify that the above tests,the results of which areIdtoover sheet,were conducted in accordance with the test procedures as outlined in the Vapor Recovery Test Procedures Handbook,andbm' ed here are true and correct to the best of my knowledge. Signature of Test Contractor Responsible Party Date: 03/28/2007 J&S Testing Services— Test Company Name: Stahr Phone Number: (817)237-1899 TCEO-10502(06-05-2002) Form provided by Forms on-A-Disk-FormsonADisk.com-(214)340.9429 Form 101-1a: Vapor Space Manifolding Test Report Form Test Date: 3/28/2007 r- Page 1 of 6 Facility Name: Southside Service Center Facility ID Number: 0048704 Vent System Manifold: ❑Above-ground ❑ Below-ground Number Storage Tanks to Which Vent is Connected or Manifolded Tan 1 Tank# Tank# Tank# Tank# MU SU RU MU SU * RU MU SU RU MU SU * RU MU SU 1 PASS Storage Tanks to Which Vapor Return is Connected or Manifolded Nozzle product Tank,#—, Tank# Tank# Tank# Tank# Number Grade MU SU * RU MU SU * RU MU SU RU MU SU * RU MU SU 2 RU PASS 5 RU PASS Not OWN *Circle Product Grade: RU = Regular Unleaded, MU = Midgrade or Plus, SU = Super Unleaded w TCEQ-10503(09-05-2002) Form provided by Forms on-A-Disk•Dallas,Texas•(214)340-9429 Form 101.1b; Facility Layout Test Date;a/?jCl-i�U-1_ . Page�of - SOtJ�( StOls � Facility ID Number: Facility Name: Facility Layout: Include the Iocatlon and number of all tanks, nozzles, and dispensers as Well as basic vapor piping layout and manifolding scheme. Also denote the relative position of all buildings and adjacent street name(s), an arrow pointing north, and a scale. y t F {• •• '{. b 1• , �,.•t••,.} r x. N .p •4• y, 4 4 ..+..4. y t••.Y y... .r q r. t. b ..,.. �. i. 4 +, , {. .+. (...M } •' •.••.••.••.I..V� p .. • i. q .+�.« .. 4 r. {. 4 v ,} a •+• +. a 4 4 • //,•/Ay/•1 y F y.. {. 4 a, x � ,p.r«..'...«. (. + !• . 4• , h 4• r.•' h \ :•f 7l Imo.r \ , . •.. A h t� h •!.r 1 h A,•h q • Ir h• r •• , ,•tr r•t• r • •• • �r 1 .. .a..4 J..'} i• a.. + A } i• .... �9!�.7'I a. r r : r. 4 � :. .4 4 ... 1.. .4. J i {. .t.. a + « ..a.. 1• .�•• SST.•f*•w.,y..�.. a.. s• ¢ a,. .a I� ..a. V l.. + .,¢ •r .} • {. h .. i.. .� .1.. i••Y p..4.. ..•Y ,4. .4 ,p• p. •4• .+ 4 • ¢ a..4• • ..yr• 1• ;. r..y...i r •r..<• .«. «;/J� i.. 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V , 4 , 4 y. i. i. q t. .Y S• 4• . • ' . . . , 4 TCEO-10503(0645-2002) Page 2 of 2• Form 102-1: Pressure Decay Test Data Test Date: 3/28/2007 Page 3 of 6 Facility Name: Southside Service Center Facility ID Number. 0048704 Test company Name: J&S Testing Services Type of Stage II System Installed: Vapor Assist Exec.Order: G-70-186 Describe Manifolding of system(if any): None Date and Time of Last Bulk Delivery/Removal: 03/25/07 @ 11:00 Time of Last Vehicle Refueling Prior to Test: 09:15 Time Test Begun: 09:45 Parameter Tank Number _ Indicate Manifoldin b CirclingTank Numbers 4 1 2 3 4 Total Product Grade RU 1 --- { R2 Type of Storage Tank(AST or UST) UST --- 3 Actual Tank Capacity(gallons) 10000 10000 4 Gasoline Volume(gallons) 6709 6709 5 Ullage(gallons) (item 3-item 4) 3291 3291 6 Number of Nozzles w/Vapor Return to Tank 2 7 PN Manufacturers Rated Cracking Pressure 3.00 8 PN Pressure When Cracking Began 3.26 9 Time Required to Pressurize System(seconds) 16.5 10 Nitrogen Flowrate Circi • SCF or SCFH Flowrate: 5.0 11 Initial Pressure(Inches WC) 2.00 12 Pressure after 1 minute(Inches WC) 1.94 13 Pressure after 2 minutes(Inches WC) 1.88 14 Pressure after 3 minutes(Inches WC) 1.87 15 Pressure after 4 minutes(Inches WC) 1186 16 Pressure after 5 minutes(inches WC) 1.84 17 Allowable Final Pressure(from table or equation)` 1.72 18 Healy Nozzle to Multi/Mini-Jet: Pass or Fail AV=4.0 Piping Length= 80 ft. AAV=10.0 PASS 19 Test Result: Pass or Fail PASS Comments(include an a uipment replaced and/or repairs made prior to or during the test): "Final regulatory compliance must be determined by using the appropriate equation in Section 9.2. TCEQ-10504(08-05.2002) Form provided by Forms on-A-Disk-www.FormsonADIsk.com-(214)340-9429 t Form 103-2: Dynamic Back-Pressure Data:Vapor Piping Method (for Procedures 1b &2) Test Date: 3/28/2007 Page 4 of 6 Facility Name: Southside Service Center Facility ID Number: 0048704 VeRt j �ystem Manifold. O round r Below round Line to Gas Back-Pressure i - - RY-=Y`,,..i 7:1 Pass or „,..: Tank Grade ("WC)at 60 SCFH ;,�r :� ?: ��,i�_"_ �i='k',;t w.,,.Yr:; t4. - -- Fail' NUMter RU D.i — -- -- -. — - -- - -�s PASS Dispenser Back-Pressure("WC)at a Flow Rate of Pass or Numbers Make 60 CFH Fail' 2 Tokheim Mechanical 0.01 PASS 5 Tokheim Mechanical 0.01 PASS Compare flow rate readings with the appropriate values from§12.2 above to determine pass/fail status. TCEQ-10507(06-05-2002) Form provided by Fortes on-A-Disk-www.FormsonADIsk.com-(214)340-9429 w Form 104-1: Gasoline Flow Rate Performance Data Test Date: 3/28/2007 Page 5 of 6 Facility Name: Southelde Service Center Facility ID Number: 0048704 sr Nozzle Gas Measured Values Calculated Pass or Number Grade Gallons Seconds Flowratel Fail2 Dispenseds Elapsed 2 RU 5.0 37.97 7.90 PASS Calculate as per equation in§ 11 above, or use the values in Table 1. 2 Pass or fail dependent on values calculated compared with values given in the Executive Order, 3 Gallons recorded should not include the one gallon dispensed prior to beginning the stopwatch. TCEO-10508(06-05-2002) Form provided by Forms On-A-Disk•www.FormsOnADIsk.com-(214)340-9429 Form 107-1: Determination of Healy Booted Nozzle Operation Test Date: 312812007 A page 6 of 6 Facility Name: Southside Service Center Facility ID Number: 0048704 Nozzle Gallons Pressure/Vacuum CWC) During Dispensing Pass Fuel Dispensed or Number Grade Gal. Gal. Gal. 3 Gal.4 Gal. Average Fall 2 RU 5.0 0.03 0.01 0.00 -0.01 0.00 0.00 PASS 5 RU 5.0 -0.03 -0.05 -0.04 -0.04 -0.03 0.04 PASS Nozzle passes if the average Pressure/Vacuum value is between +1/4 and —1/2 inches of WC, and fails if the value is outside this range. TCEO-10512(00-05-2002) Form provided by Forms on-A•Disk-www,FormsonADisk.com-(214)340.9429 �s STANDARD HEALTH AND SAFETY PLAN UNIFIED SERVICES OF TEXAS, INC. JANUARY 2, 2002 UST Job No. (Various) RESTRICTIONS ON THE USE AND DISCLOSURE OF INFORMATION AND/OR DATA The Yderrr ubm mWw dda wdaYrd hsrsYr Isom sds properly afew mW prepwty afUMed Swvkm of Tens,hwb OMn and shal nd be dgleated.Ws4 or dsoI In rids w In pat and dsdomd odatds USTkrarypapoeewWwdsF A vn tsnaWtwftpy UST_n&res6ldimdossrdYttMerasofidarnstlanadlvddawrdrnsdl—ah lfwshkft"dimmWwdata Isotfakwd1mmwwdw=tm Whwt restridlm THs reeedo0on mWee to al Hwrrstlm wrdlor data oartmkwd herein STANDARD HEALTH& SAFETY PLAN CLIENT& LOCATION: Various SAFETY REPRESENTATIVE: Various LAW ENFORCEMENT AGENCY: 911 FIRE DEPARTMENT: 911 ENVIRONMENTAL COORD: Various TNRCC DISTRICT OFFICE: EMERGENCY RESPONSE: 911 NEAREST LOCAL HOSPITAL: HOSPITAL ADDRESS: ROUTE TO HOSPITAL: (Attach a map of route to hospital) THE USE OR DISCLOSURE OF THE INFORMATION ANWOR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTIONS ON THE TITLE PAGE SOP-2 STANDARD SAFETY PROGRAM PLAN I. INTRODUCTION The safe practices described in this plan have been developed for the protection of each employee, consultant and subcontractor performing tasks on a project site, as well as for the protection of members of the general public that may enter the job site,whether such entry was authorized or not. For the purposes of this plan, the term "accident" shall be defined as an "unforeseen or unplanned event". Therefore, USTs "accident prevention policy" shall be to prevent the occurrence of unforeseen and/or unplanned events in the workplace. Very often, accidents happen without warning, with the cause of many being the combination of a lack of knowledge,inattention,and thoughtlessness on the part of the employee himself. The lack of knowledge of or the willful and intentional noncompliance with proper safety precautions contained herein, as well as other special safety procedures that may be imposed for a specific project,will not be tolerated and will be deemed inexcusable. Each UST employee must establish and maintain a thorough working knowledge of USTs Standard Operating Policies and Procedures, including this Standard Safety Program Plan, and refer to each as may be required to ensure the safe,proper and prompt completion of each task assigned. The effectiveness of UST's Standard Safety Program depends upon the participation and cooperation at every level;management,supervisory personnel, craftsmen,tradesmen, laborers, consultants and/or subcontractors. The policies and procedures contained herein have been reviewed by senior management and are hereby implemented. USTs Safety Manager is assigned principal responsibility and authority for the implementation ofthe Standard Safety Program Plan. It is concluded that each employee has a moral obligation_ to themselves,their family,their fellow workers,UST and the general public to do everything possible to prevent accidents. The -� provision of safe,efficient equipment along with every conceivable safety device will not in itself ensure a working safety program. It is however,the careful observance of safe practices and the application of common sense on the part of each employee, that will best eliminate risk and -� prevent accidents. Safe and careful habits result naturally from good work practices and may be acquired by personal experience or by profiting from the experience of others. To aid each employee in developing safe work habits,UST has prepared this Standard Safety Program Plan discussing many of the safe working procedures to be followed on the job sites. All employees should THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 3 TO THE RESTRICTION ON THE TITLE PAGE SOP-2 review this plan carefully and become thoroughly familiar with the types of potential hazards and the applicable safety precautions outlined herein. Too much emphasis cannot be placed on the importance of knowing how to work safely! It is your responsibility-- YOUR LIFE,AND THE LIVES OF OTHERS,DEPENDS ON IT! H. GENERAL SAFETY POLICY UST enjoins each employee to take a proactive role in providing for the safety and well being of all employees and other personnel that may be present at the time of an accident. Each employee is specifically requested to immediately advise the Safety Manager, supervisor or any member of management, of any unsafe condition, practice or procedure. Suggestions for improving any aspect of safety are always welcomed. Safety is everyone's responsibility and requires the full cooperation of all employees, consultants, subcontractors and management. III. DISCIPLINARY AND ENFORCEMENT POLICY A. Basis for the policy. State and federal law requires every employer to take affirmative disciplinary action against every safety violator. Therefore, a company-wide policy has been adopted to take affirmative types of disciplinary action against any worker who knowingly or willingly violates any established safe work policy, procedure or practice. B. Employee Responsibilily(ies). Employees shall assume responsibility for assuring that their work activity is performed in a safe manner and that it complies with this Standard Safety Program Plan. Employees shall keep a copy of this plan readily available during working hours. Additionally, a copy of this plan shall be carried in each UST vehicle. Lost,damaged or misplaced copies will be reissued upon request. -- C. Disciplinary Policy. Each employee shall,as a part of their indoctrination process, read and provide his written certification that he understands the disciplinary actions as set forth in this section. This is the formal process selected by UST, to advise each employee in detail of -- what type of disciplinary action will be taken for violating UST's Standard Safety Program Plan. By affixing his signature as required, each employee certifies that he has read,understands, and will comply with the Standard Safety Program Plan and other special safety instructions as may be given from time to time. The minimum disciplinary actions as outlined herein,will be strictly enforced. However, UST reserves the option to take such other action as deemed appropriate, including termination of the employment of the violator(s), regardless of the number or severity of the offense(s). UST formulated this disciplinary policy and procedure based on the numerous State and THE USE OR DISCLOSURE OF THE INFORMATION 4 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 Federal(Occupational Safety and Health Administration(OSHA))decisions that every employer must discipline employees for safety and health violations. The safety procedures outlined in UST's "Standard Safety Program Plan" are for the protection of all employees,consultants,subcontractors and the general public. Accidents happen without warning, with many caused by the carelessness of the worker himself. UST will make every effort to ensure the health and safety of all workers in every situation. No worker will be required or knowingly permitted to work in an unsafe or unhealthy environment, except for the purpose of making it safe and healthy and then only after proper precautions have been taken to protect the worker while engaged in such work. However, sometimes we are faced with a situation where the worker is aware of the correct work practice that has been adopted for his protection, but the worker has either failed from neglect or has refused to comply with established UST and/or OSHA recognized safe work practices and therefore, must be disciplined. The following policy has been adopted by UST, as its company-wide policy for each employee, consultant or subcontractor, who knowingly and willingly violates any established UST or OSHA procedure,regulation,or order which has been adopted for employee safety and health or protection of the general public. 1. The Safety Manager or designated representative,shall conduct athorough investigation of each safety violation reported. The purpose of the investigation shall be to determine the effectiveness of established safety policies and procedures, as well as any violation(s)of the Standard Safety Program Plan. A report of the findings shall be presented to UST senior management as soon as possible. 2. Should a violation of UST's Standard Safety Program Plan be noted, written notification of the violation shall be provided to the responsible employee. The employee shall be required to acknowledge receipt of the notice of violation, and he shall then have a period of not more than five - (5) working days to respond in writing. Acknowledgment of the receipt of the notice of violation will in no way be construed as an admission of guilt or responsibility by the employee, for the alleged violation. Each notice of violation shall be serialized and a copy maintained by the Safety Manager, in a chronological file. 3. Upon receipt of the employee's written response, the Safety Manager and/or UST senior management shall within five (5) working days, formally notify the employee of the action(s) to be taken. Disciplinary THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 5 TO THE RESTRICTION ON THE TITLE PAGE SOP-2 actions toward the responsible employee shall be based upon his previous history of non-compliance and shall be determined by researching existing records for a period not exceeding the most recent twelve (12) months prior to the date of the particular violation in question. (a) If no prior violation exist within the allotted twelve (12) month period, the minimum (Level 1) disciplinary action shall be taken. (b) If the violation is determined to be "serious" in nature, the minimum action taken shall be based on the 2nd disciplinary level(Level 2),resulting in one day off without pay. As each new violation occurs, the next appropriate action based on the total violations within the previous twelve (12) calendar months, shall be taken. 4. Disciplinary Procedure. (a) Level 1 - The violator shall attend, on his own time, additional safety instruction provided by his supervisor and/or the Safety Manager. The employee must agree to future compliance. (b) Level 2-The employee shall be immediately relieved of all _. responsibilities concerning the task at hand, required to submit a written statement of the alleged violation, and/or discuss the matter, in detail, with the Project Manager, Safety Manager, and/or other members of UST"s senior management. If a determination is reached that the employee violated this plan, he shall not be permitted to work the next scheduled work day. The employee must agree to future compliance. (c) Level 3 - The employee's actions indicate a continuous disregard for the policies and procedures contained herein. The Safety Manager may elect to repeat the actions detailed in Level 2, or he may recommend that the consistent violator's employment be terminated. N. SAFETY POLICIES AND PROCEDURES THE USE OR DISCLOSURE OF THE INFORMATION 6 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE od[ J1 - SOP-2 The following safety policies and procedures summary is to be reviewed by each new employee as a part of their indoctrination process. Each employee shall affix his signature and date to the form provided, affirming that he has read and understands the following summary. 1. General Safety Policies and Procedures. The following general procedures are provided as an initial safety indoctrination only. These procedures are not intended to be the sole source of safety related information that will be required of each employee. A. Check your work area to determine if a problem or hazard may exist. B. Since your assigned activity may endanger other workers, the public, or nearby equipment and materials, take all of the steps necessary to ensure their safety. C. Review the safety requirements for each work assignment. If they are not clear or if you have any questions, ensure that you discuss ' them with your supervisor. You will not be expected or permitted to do your work in a manner which might result in injury to yourself or others. D. Acquaint yourself with emergency procedures and notification mechanisms, and anticipate what you will do cases of fire, explosion, cave-in, or injury to yourself or another person. E. Ensure that unsafe and defective equipment,hazardous conditions +, and unsafe practices or behavior of other workers are reported to your supervisor. F. If you are observed engaging in unauthorized and/or unsafe activities such as horse play or roughhousing on any job site, you will be subject to immediate disciplinary action and/or dismissal. G. If you are either known to be, or reasonably believed to be, under the influence of an intoxicating or debilitating substance,you will, as a minimum, not be permitted on the job site, and you may be subject to immediate disciplinary action and/or dismissal. Should you be injured on the job site while you are under the influence of an intoxicating or debilitating substance, you may be denied all rights to Worker's Compensation Benefits. THE USE OR DISCLOSURE OF THE INFORMATION 7 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE L SOP-2 H. Management and supervisory personnel shall not knowingly permit or require an employee,consultant or subcontractor to perform any task,while their ability or alertness is so impaired by fatigue,illness or other causes so as to unnecessarily present exposure to additional risk or injury. I. Report all work-related injuries and illnesses to your supervisor, forthwith or as soon as possible prior to the end of the work period. Failure to report any work injury or illness may result in disallowance of any claim and shall be grounds for immediate disciplinary action and/or dismissal. J. Failure to follow safe practices relating to your own safety or that r of a fellow employee, or the failure to safeguard equipment,tools, or materials properly shall be grounds for immediate disciplinary action and/or dismissal. K. Neither gasoline nor any other substance,not specifically approved got 1 for the cleaning task at hand, shall be used for cleaning purposes. 1 L. Each employee assigned to a specific project, shall attend short "tailgate" safety meetings conducted at the start of each project,by supervisory personnel. Tailgate safety meetings shall be conducted every two weeks during the project, or at anytime additional or unusual risk is anticipated to be encountered. The purpose of the tailgate safety meeting is to acquaint each employee with the site safety equipment and its location, specific emergency points of .4 contact and telephone numbers, as well as emphasize that appropriate safety precautions be followed. M. For your protection, it imperative that all job site warning signs, such as "Keep Out", "No Smoking", "Hard Hat Area", 'Bye Protection Required","Authorized Personnel Only",shall be strictly followed. Failure to observe posted warning signs is grounds for immediate disciplinary action and/or dismissal. JjN. Personal protective equipment(PPE), such as safety glasses,foot, hand and head protection, impervious outer clothing, respiratory support, etc. shall be worn as required, by each employee engaged in an activity requiring a minimum specific level of PPE. O. Employees shall not enter "confined spaces", e.g. manholes, THE USE OR DISCLOSURE OF THE INFORMATION 8 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE �i _l SOP-2 underground vaults, chambers, tanks,pipes, silos, or other similar locations, until authorized by a "Competent Person" certified by UST, and then only under UST's Confined Space Entry Permit Program. Employees shall not enter "confined spaces", e.g. manholes, underground vaults, chambers, tanks, pipes, silos, or other similar locations, until authorized by a "Competent Person" ' certified by UST,and then only under UST's Confined Space Entry Permit Program. As a minimum, the atmosphere within the confined space shall be tested utilizing UST's MSA Passport four way meter, and it is determined that the atmosphere within the confined space is well below the lowest explosive limit(LEL), 5% or less LEL,the oxygen content is between 19.5%and 21.3%,the Carbon Monoxide(CO)less than 10%and the Toxicity is less than 10%. NOTE: Initial entry into a confined space with LEL above 0% and/or oxygen at or below 19.5% will be completed in a fully respriated (demand air) condition only. P. A trench is defined as an "excavation that is less than four feet 4' in width, and is deeper than five feet (5)". An excavation exceeding ten feet(10')in width regardless of its depth,is classified as an excavation. No employee shall enter any trench (e.g. manhole, or borepit), five feet (5) or more in depth unless it has been adequately shored or sloped. Q. Disregarding or circumventing established safety procedures, or taking shortcuts toward job safety,shall not be permitted,especially when the use of ladders,catwalks,shoring and other safety devices _ or safeguards are involved. R. You are enjoined to recognize that a safety procedure can be — changed only when life or property is in immediate danger! S. Good housekeeping practices are a necessary part of job site safety, and shall be employed in your work area. You shall be required to pick up your tools when they are no longer needed or the job is completed. Do not leave tools and other materials where they will be hazards to others. T. Bottled compressed air or gases shall be used only for the purpose THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 9 TO THE RESTRICTION ON THE TITLE PAGE T SOP-2 intended. Blowing dust or dirt from clothing in this manner is an extremely hazardous practice that may result in severe personal injury, and is grounds for immediate disciplinary action and/or dismissal. U. Riding on any moving equipment in a manner not intended by the equipments manufacturer shall not be permitted unless suitable seats, platforms, handholds, guards, or other appropriate means have been authorized and are installed for that purpose. 2. Minimum Safety Policies and Procedures. In addition to the general safety requirements detailed above, the following safety policies and procedures have been adopted as the MINIMUM safety requirements with which you must comply at all times. These safety policies and procedures are intended to ensure the safe and proper completion of each task assigned. READ, UNDERSTAND AND OBSERVE THEM - YOUR LIFE MAY WELL DEPEND UPON IT! Should your specific work activity not be adequately addressed herein,you are requested to contact the Safety Manager to discuss those safety precautions and safeguards that may have been omitted. Whenever a safety policy and/or procedure is adopted, regardless whether you were informed by oral or written directive,you are hereby directed to obey it. Each employee has the right and obligation to question what they believe is an unsafe policy or procedure. Should you not agree with the oral or written directive,you are requested to inform your supervisor and if necessary, senior management, in writing. HOWEVER, UNDER NO CIRCUMSTANCES ARE YOU TO UNDERTAKE ANY TASK THAT YOU BELIEVE WILL PLACE EITHER YOU OR ANOTHER EMPLOYEE, CONSULTANT OR SUBCONTRACTOR, IN IMMINENT DANGER. A. Personal Protective Equipment(PPE) 1. All employees shall wear a "Hard Hat" at all times when on a job site involving construction equipment. Additional PPE shall be worn/used as may be required by the specific task being performed at the time. 2. Employees shall wear proper eye and/or face protection when exposed to flying particles, dust, chemicals,harmful light rays, or other hazards to the eyes or face. 3. Hand protection shall be worn when handling objects or substances which may cut, tear, burn or irritate the hands or skin. In such instances, body protection may also be required. THE USE OR DISCLOSURE OF THE INFORMATION to AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 4. Any employee exposed to vehicular traffic shall wear reflective type garments,head gear,or flagging vests. Additionally,flagmen must use proper hand signals and warning signs to direct traffic flow. 5. Employees shall wear an appropriate heavy leather steel toed work boot at all times. Sandals, sneakers, or tennis shoes shall not be permitted. Rubber boots will be provided when working with concrete, mud, water, or other substances requiring their use. 6. Respiratory equipment will be required for any area where a suspected hazard may exist due to the presence of harmful fumes, j� mists, vapors, or dusts. 7. Employees shall not enter "confined spaces", e.g. manholes, underground vaults, chambers, tanks, pipes, silos, or other similar locations,which may or may not receive adequate ventilation until authorized by a "Competent Person" certified by UST, and then only under UST's Confined Space Entry Permit Program. As a minimum,the atmosphere within the confined space shall be tested utilizing UST's MSA Passport four way meter,and it is determined that the atmosphere within the confined space is well below the Iowest explosive limit(LEL), 5% or less LEL,the oxygen content is between 19.5%and 21.3%,the Carbon Monoxide(CO)less than 10% and the Toxicity is less than 10%. 8. Entry to a confined space is authorized only when UST's Confined Space Entry Permit Program has been implemented for the space to be entered. Continuous ventilation and monitoring of the confined space is required. Each employee entering the confined space must wear a harness type safety belt with an attached lifeline tendered by a qualified combined space entry attendant outside the entry point. If entry is to be made in a vertical decent, a minimum oftwo co-workers must be readily available,outside,for immediate assistance in an emergency. One of the two co-workers must be a qualified confined space entry attendant. B. Hazardous Materials 1. The employee may encounter hazardous or questionable substances or chemicals during the course of work. Should this occur, he should immediately report the situation encountered to his THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT I 1 TO THE RESTRICTION ON THE TITLE PAGE SOP-2 supervisor. You are advised that UST complies with the Hazard Communication Standard (HCS). Material Safety Data Sheets (MSDS)for each hazardous substance commonly encountered by an employee are maintained on file in the HAZCOM program binder. The HAZCOM program binder is available for your review and use at UST's office. 2. The MSDS provides information the manufacturer of a chemical considers necessary for you, the worker, to determine what _ chemicals are in the product and what steps to take to protect yourself when using the product. _ 3. Under the provisions of the Hazard Communication Standard (HCS), UST is required to provide you with the opportunity to review the HCS program, chemical inventory list and copies of Md f: MSDS's for chemicals you are working with. 4. More information on MSDS, chemical information references and chemical safety can be obtained by asking your supervisor. l C. Hot, Corrosive, or Caustic Material Handling l. Proper head, face, eye, hand and skin PPE must donned prior to 1 handling any material that has an excessive temperature or corrosive/caustic properties. Hot drop and spill containment kits are required. 2. If required, respiratory PPE will be provided. 3. When handling these types of materials: (a) Move cautiously over rough or uneven surfaces. (b) Do not pass them over anyone working in lower elevations. (c) If possible, do not carry these materials up and down ladders. (d) Hot lead or joint compound should never be poured into a wet joint or handled with a wet ladle. Steam formed can splatter the molten material and cause serious injury. j (e) Ensure that hot drop and spill containment kits are available and near at hand rp for to handling any of these type substances. (f) Never handle these type substances without a safety THE USE OR DISCLOSURE OF THE INFORMATION + 12 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE I SOP-2 observer in the close proximity. D. Material Lifting, Handling, Storage and Disposal 1. Employees must never place their hand between the slings or chokers and the load when rigging or handling the load. 2. Crating materials, banding straps, etc.,must be promptly disposed of to prevent needless tripping hazards for all workers and the general public. 3. Only wire rope cables, slings and/or chains shall be utilized that have been certified by an authorized testing agency to safely lift the weight of the load expected. Certification labels shall be attached to each such certified wire rope cable, sling or chain. Any wire rope cable, sling or chain that has been crushed, frayed, or otherwise weakened must not be used! 4. Wire rope cable or sling must not be used without at least three"U" clamps properly installed. (a) WRONG METHOD - Staggered Clips. (b) WRONG METHOD - U-bolts on live end of rope. (c) CORRECT METHOD - U-bolts or clips on short end of rope. 5. All materials must be properly stacked and secured by blocking, stacking, banding, interlocking tiers, or other means to prevent rolling, tripping, sliding, falling, or collapse. 6. The storage of materials must not obstruct a safe means of travel throughout storage areas, aisles, stairs, ladders, or other passage ways around buildings or other structures. 7. Special considerations to safety control of foot and vehicular travel must be taken when materials,such as barricades,special banding, blocking, flashing lights, etc. are going to be left unattended adjacent to any public walkway and/or roadway. 8. Proper lifting techniques shall be observed when manually handling any size, shape, or weight of materials. The employee is expected to observe the following specific rules: THE USE OR DISCLOSURE OF THE INFORMATION 13 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 (a) When preparing to lift the load,bend your knees-do 1 not stoop from the waist. (b) Keep your back straight and parallel to the load. (c) Using your legs,lift gradually and avoid twisting,or jerking movements. (d) When lifting bulky or heavy loads, get assistance. (e) Utilize a lower lumbar back support belt when lifting heavy objects. 9. Motorized or special handling equipment shall be used to move heavy or bulky objects. 10. No pipe, manhole, or other heavy object, shall be moved over a trench or other excavation area where workers may pass beneath the load until the installation crew members are ready to receive and handle it. 11. Do not swing or suspend a load over any person, vehicle, or equipment. Loads should be controlled by tag/guy lines to ensure their safe handling. E. Hand Held Power Tools 1. Each employee shall each day prior to use,inspect all personal tools and/or company-furnished tools, to ensure that the tools are in good working condition. Damaged or defective tools must be returned to the shop and tagged for repair. 2. When using the below listed tools or working near others using such tools, employees must use the PPE specified. If you are not sure of the type of PPE to use, or of the manufacturer's safety instructions, contact your supervisor. (a) Concrete and/or asphalt breakers e.g. air-, electric-, or jack hammers,tampers,whackers,or other such equipment shall require the use of eve& foot protection. Hand protection is recommended. (b) Chipping hammers, impact wrenches, reamers and other power actuated tools shall require the use of eyeprotection. Hand protection is recommended. THE USE OR DISCLOSURE OF THE INFORMATION 14 AND/OR DATA CONTAINED HEREIN IS SUBJECT + TO THE RESTRICTION ON THE TITLE PAGE 1 SOP-2 (c) Cutting torches, arc welders, and other such equipments shall require the use of eye,face,hand and skin protection. (d) Grinders, chippers, asbestos pipe cutters/shavers and other such tools shall require the use of eye & respiratory protection. Hand protection is recommended. 3. As a rule,tools should not be carried in pockets. Specifically,sharp-edged or pointed tools shall not be carried in pockets unless adequately protected by an approved cover. 4. Cold chisels must be kept ground at the top to prevent mushrooming the head. A screw diver shall not be used as a chisel. 5. Extensions on come-a-longs, wrenches,jacks or hoists must not be used unless specifically designed for such use. Pipe cheaters must be of metal piping with a wall thickness not less than that of a typical SKI)40 grade. 6. No tool or equipment shall be used without its guard in place and operable. 7. A hand-line will be used to hoist and lower small tools. Hoisting by the cord or hose is to be avoided. 8. Extension cords and hoses must not create a trip hazard and obstruct safe means of egress by workers and/or the public. Extension cords must be adequately protected from damage by equipment, materials, or vehicular traffic. 9. With the exception of those portable electrical tools having a "UL Approved Double-Insulated" label, all portable electrical tools must be grounded with ground fault protection device. 10. All pneumatic hose connections must be securely fastened by the means of a safety wire or cotter pin, and attached to the "OSHA" check valve at the compressor. Bleed air must be turned off before attempting to disconnect the hoses from the compressor. 11. Compressed air shall not be used to remove dirt or dust from any part of any persons's body or clothing. 12. Safety clips or retainers must be used on all pneumatic tools to prevent the tool bit from being accidentally expelled from it's receiver. THE USE OR DISCLOSURE OF THE INFORMATION IS AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 13. Powder-actuated tools may be used only by persons licensed to use that particular tool. The license must be in the workers possession and warning signs must be posted. F. Trenching and Excavation Safety t 1. A designated "competent person", that has been formally trained and has the complete authority to suspend work activities should conditions warrant, must be in the near proximity of any trench or excavation where employees, consultants and/or subcontractors are working. The terrain, subsurface strata and possible presence of underground utilities must be r considered carefully, to determine any special procedures or safeguards that may be required. r 2F . The competent person and each employee assigned to work in the trench or excavation is responsible for completing a physical inspection of the walls and any shoring installed, each day. Each employee is expected to 01, check his immediate work location just prior to entering to assure stability, l- while the competent person must check all open trench sand excavations for signs of possible cave-ins. L3. Every trench or excavation five feet (5) or more in depth, must be r evaluated by a competent person and be properly shored,sloped,benched, or equivalently safeguarded against the possibility of a cave-in,as may be required. Additionally, each excavation shall be clearly marked with a r "YELLOW SAFETY LINE" installed two feet(2) from the open edges, indicating the boundary of approach. No construction equipment or employee is permitted inside this boundary without authorization from the r Site Safety Manager(generally the site supervisor). 4. If evidenced of cave-ins,sluffs or slides are discovered all work within the trench or adjacent to the face must cease. Work activities may be resumed only after all necessary safety precautions have been taken to correct the danger and inspected by the competent person. rr L5. When a shoring method has been adopted for your protection,shores must be installed at a maximum of eight feet (8) on-center, except when the r trench exceeds ten feet(10) in depth, the shores must then be installed at a maximum of six feet(6) on-center. t �( 6. If sloping of the trench (walls) is the method adopted to protect workers (- THE USE OR DISCLOSURE OF THE INFORMATION �( IC) AND/OR DATA CONTAINED HEREIN IS SUBJECT LTO THE RESTRICTION ON THE TITLE PAGE 81 /y1¢� r� - SOP-2 r against the hazard of cave-ins,the earth must be sloped a minimum of one ( to one(1:1)ratio to vertical. If a combination of vertical wall and sloping is used, UST will obtain the necessary soils report, as may be required, prior to permitting workers to enter the trench. 7. When the soil conditions are determined not to be stable(any classification ■1 f other than Class 1),UST may provide special trench shields in lieu of other methods of excavation safety. If a trench shield is used in place of shoring or sloping,employees must always stay inside the shield when working in r the trench and carefully follow the applicable safety instructions for the shield. 8. Excavated soil must be placed at least two feet(2) away from the edge of all excavations that are five feet(5)or more in depth. Stockpiled soil must be prevented from falling or eroding into the excavation. Soil excavated r from trenches less than five feet(<5'), shall be stockpiled at least one foot [ (1) from any open edge. r 9. Employees shall always use ladders for ingress or egress to an excavation. Climbing on trench shoring or bracing but must avoided at all times. Ladders shall be within twenty-five feet (25') of personnel working in a r( trench. Ladders must be secured to prevent falling. ll 10. Walkways shall be constructed with a minimum width of twenty inches r (20"). Each walkway must be located in an appropriate location that will facilitate safe access by either employees or members ofthe general public. .r� 11. To preclude trapping another employee working in the bottom of an excavation, both assigned employees and supervisors shall visually examine the excavation before backfilling operations are commenced. 12. Shoringmust be installed from the top-down and removed from the P bottom-up. 13. With the exception of rescue operations where time will not permit the r complete implementation of this safety program plan, these minimum C safety requirements are not to be violated,regardless of contrary orders by a supervisor. 14. Employees shall utilize a full body harness and a retrieval device as required by OSHA while entering and working in an excavation. �t LTHE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT T 17 TO THE RESTRICTION ON THE TITLE PAGE /I 407�� SOP-2 G. Company Trucks and Automobiles ALL UST VEHICLES ARE NON-SMOKING VEHICLES. Failure to observe this policy may result in disciplinary action and/or dismissal. 1. Employees are prohibited from operating any vehicle without a valid driver's license and/or operator's permit in his possession. Additionally, only employees that have been specifically trained on the proper operation of construction and related equipment, are authorized to operate such equipment. 2. Before operating any motorized equipment a check will be made to ensure that the following items are operating properly. (a) Headlights (b) Taillights (c) Turn signals r (d) Mirrors j (e) Windshield & wipers l (f) Backup alarms(if installed) 3. Any of motor vehicle that is known to be in a seriously defective condition must not be operated. Defective items, such as broken or missing parts, excessive wear or faulty conditions must be promptly reported to your supervisor, utilizing a UST Equipment Discrepancy Report. 4. The driver shall not move the vehicle until all riders comply with safety precautions and all loads are well secured. 5. Each vehicle operator shall be responsible for ensuring that no employee, consultant or subcontractor, is permitted to ride outside of the cab of any truck. Arms or legs shall not be permitted to dangle outside the vehicle t windows. 6. Employees shall not back up any vehicle or equipment when the view to the rear is obstructed, unless the vehicle is equipped with an operable back-up alarm or a safety observer is used. r 7. The driver shall ensure that any towed trailer, air compressor, or other L construction equipment is securely attached to the towing vehicle. The safety chain must be secured to both the truck and the equipment being towed. Equipment brakes and signal lights shall also be properly L. THE USE OR DISCLOSURE OF THE INFORMATION 1 g AND/OR DATA CONTAINED HEREIN IS SUBJECT LTO THE RESTRICTION ON THE TITLE PAGE SOP-2 connected as required. Towing vehicles should be matched to the load requirement. 8. Trucks or heavy equipment shall not be operated inside the yellow safety line around each excavation. Workers shall not be permitted inside the - yellow safety line without authorization from the Site Safety Manager (generally the site supervisor). 9. The parking brake must be set and the ignition turned off when a vehicle is parked. Vehicles must not be left unattended until after the motor has been shut-off, parking breaks set, and gears engaged in low or reverse. 10. No employee shall work under a vehicle being supported by jacks or chain hoists without adequate protective blocking with jack stands installed to prevent injury in case of jack or hoist failure. H. Heavy Equipment As a service company, UST neither owns nor operates heavy equipment. UST EMPLOYEES ARE NOT PERMITTED TO OPERATE CONSTRUCTION EQUIPMENT EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED BY THE SITE SUPERVISOR. Should the occasion arise requiring that a UST employee operate a piece of construction equipment for which the employee has been certified previously, specific authorization must be provided by the site supervisor. In this case, as well as cases involving consultants and/or subcontractors,the following safety policies and procedures shall apply: 1. Only qualified equipment operators specifically authorized by the site supervisor,shall be permitted to operate apiece of construction equipment. 2. All heavy equipment is equipped with ignition locks which must be kept locked when left overnight. 3. The operator of any crane, hoist, motor vehicle, or heavy equipment must L inspect the equipment,completing any required inspection log,prior to its use on each shift. If inspection reveals defective items which can cause loss of control of the equipment, it must be promptly reported to the supervisor and is not to be operated until repaired. All defective conditions, such as broken or missing parts, excessive wear, or faulty conditions must be promptly reported to the supervisor on the Equipment LDiscrepancy Report. THE USE OR DISCLOSURE OF THE INFORMATION I9 AND/OR DATA CONTAINED HEREIN IS SUBJECT LTO THE RESTRICTION ON THE TITLE PAGE ■ SOP-2 4. Fire extinguishes are to be kept in a serviceable condition and ready to use. Equipment such as cranes, boom trucks, crawler backhoe, trucks with portable fuel tanks,trucks with gas&arc welding equipment,and all three axle trucks are to have a fire extinguisher available on the piece of r equipment before it can be operated. 5. Rated load capacity chart,recommended operating speeds,special warning signs and other essential information must be conspicuously posted on all heavy equipment, and shall be operated within those limits. M 6. Equipment shall not be operated near employees who are not in clear view of the operator without the use of a safety observer. r7. Operators shall be directed by hand signals from one person only, except t . in an emergency,a stop signal can be given by anyone. The operator must moo be in constant visual or verbal contact with the signalman at all times while 1 ( moving the load. l 8. Only standard hand signals shall be used. The following are typical of the f hand signals authorized for lifting cranes. l . 9. All equipment must be kept at least ten feet (10') away from any power - line. 10. Lubrication of machinery or equipment while it is in motion is prohibited Lunless special provisions have been provided to accomplish the work safely. - 11. No one, except the oiler or operator is permitted to work within ten feet (10') of a trencher boom, conveyor or backhoe bucket when in operation. If rocks, roots, or dirt need to be removed, the machine must be stopped [ and the boom, conveyor or bucket securely positioned. 12. Roll-over protection structures ("ROPS")must be maintained on all earth C moving and off-highway equipment, such as backhoe, blades, dozers, tractors, etc., regardless of the age of the piece of equipment or terrain. C. � L THE USE OR DISCLOSURE OF THE INFORMATION ■ 20 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE ■ SOP-2 I. Welding and Burning Operation I. Employees are enjoined to remember that all welding and burning operations have a high potential for personal injury and fires. If the minimum safety requirements cannot be assured,notify the site supervisor immediately. 2. Before starting work,employees shall ensure that potential fire hazards are eliminated or at least minimized. Portable fire extinguishing equipment shall be immediately available and within ten feet(10')of the location that the hot work is being performed. 3. When burning or welding,employees shall ensure that equipment is in safe working condition and that appropriate eye, face, hand and body PPE is used, including Nomex protective clothing. ► 4. When burning or welding near other workers or the general public, the employee shall ensure that the workers and/or general public are protected ( to the extent practical. A non-combustible screen or appropriate eye and face PPE shall be provided as required. l 5. Employees shall wear safety glasses or goggles when chipping slag, l grinding or performing other weld-cleaning activities which produce flying particles. 6. Employees shall not weld or burn on barrels, tanks, piping or other such 011 container systems, which may have contained flammable, combustible or [ toxic materials,without specific authorization from the site supervisor. I d 7. When welding,burning,or heating operations are performed in manholes, pits, tunnels, and other similar confined spaces, the use of general mechanic or local exhaust ventilation to reduce the concentrations of smoke and fumes will be required. NO EMPLOYEE IS PERMITTED [ TO ENTER ANY CONFINED SPACE WITHOUT PRIOR IMPLEMENTATION OF UST'S CONFINED SPACE ENTRY PERMIT PROGRAM AND UST'S HOT WORK PERMIT PROGRAM. Continuous air monitoring shall be performed during time employees are in the confined space or until the Confined Space Entry Permit has been cancelled. 8. Employees must keep all welding leads and hoses off walkways, passageways, stairs, and any other location where they may create a trip THE USE OR DISCLOSURE OF THE INFORMATION i AND/OR DATA CONTAINED HEREIN IS SUBJECT 21 TO THE RESTRICTION ON THE TITLE PAGE SOP-2 hazard or be exposed to physical damage. This is especially important for job sites where a member of the general public may gain access. 9. If a crescent or special wrench is required to open the valve of a compressed gas cylinder,the wrench shall be kept in position on the valve while in use. Oxygen cylinders shall be opened fully; acetylene cylinders should be opened only 1/4 turn or 7psi. The protective caps must be attached & screwed securely when cylinders are no longer being used or when being transported. 10. Matches or smoking materials shall not be used to light torches. Only approved spark ignition devices are permitted. 11. All cylinders must be positively secured with a non-combustible material, preferably chains or wire rope harnesses, and in the upright (vertical) position whenever possible. 12. When stored,oxygen,acetylene,and other compressed gas cylinders shall be separated by either a five foot(5')high,one-half hour fire resistant wall on three sides, or segregated by type of gas, at a distance of twenty feet (20') between each storage area. 13. Welding hoses and lines shall be checked periodically for deterioration, cuts and other damages. J. Traffic Control 1. A suitable traffic control plan must be developed for guarding work areas adjacent to all public streets,as well as some on-site projects of developers, before the work in the area can begin. 2. Every reasonable effort shall be taken to minimize worker exposure to moving traffic. Site planning meetings and technical discussions shall be conducted at a place away from the traffic area(s). 3. All work areas must be clearly defined by use of caution tape, barricades and construction fencing, as appropriate. Ingress and egress points shall be designated to ensure that foot traffic is safely routed around obstructions,such as ditches,holes,stored materials,etc.,especially on all busy streets and sidewalks. �I THE USE OR DISCLOSURE OF THE INFORMATION AND/Oft DATA CONTAINED HEREIN IS SUBJECT 1 22 TO THE RESTRICTION ON THE TITLE PAGE ■I �v SOP-2 4. Traffic conditions shall be carefully observed when working adjacent to any type of moving equipment or traffic. Caution must be exercised when placing warning devices. 5. Warning devices must be placed before positioning work equipment or materials and starting work. All warning devices should be set up in a manner that they do not themselves, create a hazard. 6. In situations where a motorist might not see the work area from the vicinity of the initial warning sign because of hills, curves,trees, parked vehicles, or other obstructions, a higher level warning sign with flags and/or high intensity flashers shall be used to enhance the motorist's perception. This requirement is in addition to those warning devices which are normally required for all work areas. a 7. Additional warning devices shall be used as required, in locations such as crowded streets and dangerous or heavily traveled highways. If placing additional devices will not afford adequate protection, or if the use of sufficient warning devices is not practical, a flagman must be stationed at a location that will permit traffic to be given sufficient warning ahead of the work area. r 8. Flagmen must be constantly alert, trained in flagging techniques, and provided with adequate traffic control and other safety devices, including orange traffic vests for all road workers. 9. If it is necessary to use a flagman at night or other times of poor or decreasing visibility,he must be illuminated with afloodlight,wear highly reflective garments, and use a red, hand-held signaling light. r K. Site Cleanliness and Housekeeping L1. It is the responsibility of each supervisor, employee, consultant and/or subcontractor, to practice good housekeeping at all times. 2. Tools and materials must not be left where they may create a hazard. 1 3. Scrap materials, debris, and rubbish can easily create a hazard. If an excess of trash exists in any work area, employees shall apprise the site supervisor of the condition. The site supervisor shall arrange for its prompt removal. THE USE OR DISCLOSURE OF THE INFORMATION 23 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE ADZ SOP-2 4. Soiled clothes, food scraps, and soft drink cans or bottles shall not be allowed to accumulate. Single service drinking cups are provided for employee's convenience but must be deposited into an appropriate trash or recycling receptacle. 5. A chemical toilet shall be provided for each site where access to other facilities is non-existent or restricted. All workers shall utilize the proper sanitary facilities available as required. Failure to observe this policy or procedure may result in disciplinary action and/or dismissal. L. Shop Safety 1. Floors must be kept clean,free of debris and scraps. Grease spills must be covered immediately with an absorbent material until they can be cleaned. 2. Exits shall be clearly marked and kept free of all pacts, racks, tools, or other items that may prevent safe egress during an emergency. 3. Only tools that are in good condition are to be used. Worn wrenches, mushroomed heads, etc., shall not be used. 4. Tools shall be inspected for damage and/or abnormal wear monthly. 5. A well constructed scaffold or ladder should be used when working offthe ground. 6. All equipment and attachments must be blocked against movement in a stable manner,whether parked or being repaired. Blocks should be placed in crib fashion. Equipment with booms,lifts,blades,etc.,must be parked with the blades or buckets on the ground or with firm support. Dozer blades,truck beds,scraper bowls,bucket doors,or other suspended objects must be blocked securely before repair or maintenance work is started. M. Office Safety ALL UST OFFICE SPACES ARE NON-SMOKING SPACES. Offices are comparatively safe places in which to work, yet accidents occur. To make a work area safe, or when assisting in the office, employees must follow these safe practices and directions: 1. Be careful not to track mud,oil,fuel,grease,etc into the office areas;wipe THE USE OR DISCLOSURE OF THE INFORMATION 24 AND/OR DATA CONTAINED HEREIN IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 your shoes on mats provided before entering the building. Water spots and spilled liquids must be cleaned up promptly. 2. Scrap materials and trash are fire and trip hazards and shall not be permitted to accumulate to an excess. 3. Telephone cords, office machine wires, wastebaskets, and other hazards underfoot may result in serious falls and injury. Storing sharp or pointed objects in your desk drawer may result in puncture wounds. 4. Be sure you have a firm footing when you have to climb. Always use a safe step stool or stepladder. 5. Do not conduct discussions in the opening radius of a closed door. The door may be opened suddenly resulting in head and/or body trauma. 6. Read mail and other materials at your desk-not while walking. 7. Use handles when closing files, desk drawers, and safety or vault doors. Do not leave them open or attended. '( 8. Walk, do not run in corridors or on stairs. Use hand rails when provided. 9. Be careful on swivel chairs. Do not slump back in them without first testing the weight gradually. 10. Never have more than one drawer of a filing cabinet open at a time. 11. Do not lean back on two(2) legs of a chair. 12. Do not set heavy office machines close to the edge of your desk. i[ V. SERIOUS INJURIES SERIOUSLY INJURED PERSONS SHOULD NOT BE MOVED, except from a dangerous area, and then with great care and gentleness. The site supervisor should be notified i of such injury immediately so that emergency medical assistance can be requested via f EMERGENCY NUMBER 911 or other such emergency number as may be provided for that t 1, specific project. J( Before outside medical assistance arrives, there are several conditions which require f THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 25 TO THE RESTRICTION ON THE TITLE PAGE 'f SOP-2 immediate attention. These include: A. Serious, spurting(arterial)bleeding must be attended to immediately. Using your hand (heal or palm) apply pressure directly to the wound. Use a sterile gauze or clean handkerchiefwhenever possible. Ensuring the pressure is maintained tightly in order to restrict the release of blood from the wound area. A tourniquet should be applied only as a last resort and then only by trained emergency medical personnel. B. Stoppage of breathing; immediately start mouth-to-mouth or mouth-to-nose artificial respiration. i C. Electric shock;using a non-conductive material(belt,rope,shirt,etc.)remove the ' victim from the shock hazard, Check for breathing and pulse, commence cardiopulmonary resuscitation (CPR)or artificial respiration if necessary. 4 �--tim out of the water in as safe a n,a.,.,Pr a� „���;h1P After D. Drowning;get t" removal from water, check for breathing and pulse, commence CPR or artificial �( respiration if necessary. l E. Fire; apply fire extinguisher or water source to the fire in such a way so as not to splatter any liquid material that is flaming. If a fire extinguisher or water source is not available, use another non-flammable material (dirt, sand, fuel absorber, blanket, canvas cover, etc. to smother the flames. Do not use water on an electrical fire. In most cases, the best extinguisher is the type ABC fire extinguisher carried on each UST vehicle. F. Snake bite; keep victim inactive and get him to a doctor immediately. G. Shock; treat the victim by keeping them lying down, warm, quiet and reassured. THE USE OR DISCLOSURE OF THE INFORMATION ANDIOR DATA CONTAINED HEREIN IS SUBJECT 26 TO THE RESTRICTION ON THE TITLE PAGE