Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 46386 (3)
CONTRACT �ljp'JO (z 7 4.0 CON'IRACI' Between CITY OF FORT WORTH and VALLEY TANK TESTING, LLC For Petroleum Storage Tank Testing and Stage II Compliance Testing Project #: ENV 15-01: PST Transportation & Public Works Department Environmental Management Division JANUARY 2014 RECEIVED JAN 2 9 PM. rn NW STATE OF TEXAS KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT ANNUAL CONTRACT FOR PETROLEUM STORAGE TANK TESTING AND STAGE II COMPLIANCE TESTING ENV 15:01: PST This Contract is entered into by and between the City of Fort Worth ("City"), a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Valley Tank Testing, LLC, a Texas limited liability company ("Contractor"), acting through Paul Kane, its duly authorized Member and Operations Manager. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. DEFINITIONS City means the City of Fort Worth. Chance Order means an officially authorized and executed written amendment to this contract or to a Task Order, issued by the City. Contract Documents means this Contract; Invitation to Bid; Request for Proposals; Request for Qualifications; the Contractor's response to the Request for Proposal/Qualifications or Invitation to Bid; Bid Documents; attachments, pre - bid amendments, and appendices to the Request for Proposal/Qualifications or Invitation to Bid; Contract Attachments, Amendments, and Modifications, and all ancillary documents submitted with the Contractor's response to the Request for Proposal/Qualifications or to the Invitation to Bid or to the Contract. Contractor means Valley Tank Testing, LLC. Notice to Proceed means the official letter issued by the City, pursuant to the Code of the City of Fort Worth and City ordinances and policies that authorizes Contractor to begin work. Contract — Tank Testing Services Page 1 of 19 Valley Tank Testing, LLC Task Order means an officially authorized and executed written description and specification directing the Contractor to perform specific services within the scope of this contract, issued by the City. ARTICLE 2. SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". This contract is to provide the City of Fort Worth with services during the term of the agreement. There is no guarantee of work granted by this contract and nothing in this contract is to be construed as an exclusive agreement with the contractor to provide the City with services of this type, or as an agreement by the City to guarantee the Contractor any specific projects or quantities of work. THERE IS NO MINIMUM GUARANTEE OF ANY WORK UNDER THIS CONTRACT. Individual projects will be authorized on a Task Order basis when the City elects to proceed with each specific effort. City shall not pay for any work performed by Contractor or its contractors, subcontractors and/or suppliers that has not been specifically ordered by the City in writing on a duly executed Task Order or Change Order. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. ARTICLE 3. COMPENSATION Section 1. Fee Schedule. City and Contractor agree to the unit prices, employee labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of twenty thousand dollars ($20,000) in any contract year and the City will not be liable for any Contractor fees, costs, or other remuneration in excess of this amount unless the City has signed and issued a formal modification to this contract. Section 2. Task Orders. City will issue a Task Order to Contractor that details the work to be performed by the Contractor. Task Orders will include at a minimum a unique Task Order Contract — Tank Testing Services Page 2 of 19 Valley Tank Testing, LLC Number, project address, scope of work, date to commence work, time period to complete work and the not to exceed payment amount for the task. Section 3. Invoice and Payment. The Contractor shall provide monthly invoices to the City. All invoices must reflect the City Task Order number. Invoices shall contain a detailed breakdown to include: labor including employee name, functional title, date and hours of work performed; internal supplies and services provided; and external supplies and services provided. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not -to -exceed amount. Contractor shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's gross negligence. ARTICLE 4. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution. The term may be extended by mutual agreement of the parties, for up to three (3) additional one- year terms. ARTICLE 5. INDEPENDENT CONTRACTOR Contractor shall operate 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 right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, and Contract — Tank Testing Services Page 3 of 19 Valley Tank Testing, LLC subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. ARTICLE 6. PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work performed by Contractor shall comply in all aspects with all applicable local, state and federal laws and with rules and regulations promulgated by all applicable local, state and federal boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder, which shall be performed in accordance with the applicable professional standard of care. ARTICLE 7. INTELLECTUAL PROPERTY Section 1. Rights in data. The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Section 2. Intellectual property rights and ownership. All work product developed by Contractor under this contract shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by Contractor under this contract shall be considered "work for hire" and rights, title, and interests to all intellectual property shall vest in the City. Contactor affirmatively, by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable, Contractor shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Contractor shall b) grant an unlimited and exclusive license for publication, sale, reproduction, or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Contractor agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership, license, or other rights to any work product. Contractor shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives Contract — Tank Testing Services Page 4 of 19 Valley Tank Testing, LLC MO MI OW MO MI MI sEll MI MI thereof) of the work product developed under this contract without the express written consent of the City. ARTICLE 8. INDEMNIFICATION Section 1. Definitions. In this paragraph, the following words and phrases shall be defined as follows: Environmental Damages shall mean all costs, expenses, 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 negligence, an intentional tort, or the violation of any environmental requirements as defined herein pertaining to work performed under this contract or by the operations of the Contractor and Subcontractors, 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, investigation, or remediation for any violation of environmental requirements as defined herein 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 violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency for costs expended in connection with the items referenced in subparagraphs (a) or (b) herein. Environmental requirements shall mean: .. a. all applicable present and future statutes, regulations, rules, plans, permits, authorizations, concessions, franchises, and similar items, of Contract — Tank Testing Services Page 5 of 19 Valley Tank Testing, LLC IOW 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: b. 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, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and c. All requirements and industry standards pertaining to the protection of the health and safety of employees or the public; and d. The standard of care exercised by a reasonably prudent company or individual engaged in the provision of services contemplated by this contract. Section 2. THE CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL LIABILITY FOR ANY DAMAGE CAUSED BY OR RESULTING FROM ANY ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER, WHICH IS COMMITTED BY THE CONTRACTOR OR CONTRACTOR'S AGENT, EMPLOYEE, SUBCONTRACTOR, OR ANY OTHER INDIVIDUAL OR ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL. Section 3. 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 CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE Contract — Tank Testing Services Page 6 of 19 Valley Tank Testing, LLC NMI CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 4. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH DAMAGES ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 5. The obligations of the Contractor under this Article 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 City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and 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. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 9. INSURANCE Section 1. Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such Contract — Tank Testing Services Page 7 of 19 Valley Tank Testing, LLC insurance, nor shall Contractor allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Contractor may elect to add any subcontractor as an additional insured under its liability policies. A. Insurance coverage and limits: 1. 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 $4,000,000 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. 1 Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include Contract — Tank Testing Services Page 8 of 19 Valley Tank Testing, LLC O M N il MO N il 1011 its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein 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 Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, 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. 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 above shall be written on an occurrence basis in order to be approved by the City. Contract — Tank Testing Services Page 9 of 19 Valley Tank Testing, LLC 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 10. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also warrants that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 11. TRANSFER OR ASSIGNMENT City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor has been engaged as a consequence of Contractor's specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. Contractor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 12. 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 any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor agrees that the City Contract — Tank Testing Services Page 10 of 19 Valley Tank Testing, LLC shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that 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 Contractor and any subcontractor reasonable advance notice of intended audit. (c) Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 13. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, there is no pre -established M/WBE goal for this contract due to the contract dollar amount. ARTICLE 14. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter is 17, Article III of the Code of the City of Fort Worth. MN EMI Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non- discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Contract — Tank Testing Services Page 11 of 19 Valley Tank Testing, LLC 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 15. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 16. DEFAULT If Contractor fails to begin work or to complete work within the time specified in a Task Order City shall have the right to take charge of and complete the work in such a manner as it deems appropriate. If the City exceeds the costs detailed herein or in the Task Order, City may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this contract, the work of the Contractor fails to meet the specifications of the Contract Documents or to meet the standards of duty, care, or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this contract or a Task Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this contract. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. Contract — Tank Testing Services Page 12 of 19 Valley Tank Testing, LLC ARTICLE 17. TERMINATION City may terminate this contract without cause by giving thirty (30) days written notice to Contractor. In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination. If the City terminates this contract under this provision, City shall pay Contractor for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement with such termination to be effective on the later of: (i) thirty (30) days following delivery by the City of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 18. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the .. Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. .. ARTICLE 19. Nil NI CONTRACT CONSTRUCTION This contract incorporates by reference all contract documents, which shall be binding upon the parties as if included herein. In the event of a discrepancy, this contract shall control over the other contract documents. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 20. HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. NI Contract — Tank Testing Services Page 13 of 19 Valley Tank Testing, LLC ARTICLE 21. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ARTICLE 22. SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 23. 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 contract 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. All costs and attorney's fees incurred by the City in the enforcement of any provision of this contract shall be paid by the Contractor. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract and by law. Contract — Tank Testing Services Page 14 of 19 Valley Tank Testing, LLC doll me ARTICLE 24. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the City: City of Fort Worth TPW — Environmental Management Attn: Michael Gange 1000 Throckmorton Street Fort Worth, Texas 76102-6311 If to the Contractor: Valley Tank Testing, LLC Attn: Paul Kane P.O Box 3466 Apollo Beach, FL 33572 ARTICLE 25. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by contaminated soils, both generally and with specific regard to this project. Contractor further warrants that it will perform all services under this Contract 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 Contract. ARTICLE 26. NO THIRD -PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. Contract — Tank Testing Services Page 15 of 19 Valley Tank Testing, LLC ARTICLE 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and 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 contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Contract — Tank Testing Services Page 16 of 19 Valley Tank Testing, LLC MI ATTACHMENT A. SCOPE OF WORK Contractor will be responsible for the furnishing of all labor, materials and equipment necessary to perform the required testing (manual Tine leak detector testing for underground piping systems associated with existing underground storage tanks [USTs], pressurized tightness testing for existing UST piping systems, electronic line leak detection systems functionality operation and testing, corrosion or cathodic protection systems evaluation and testing for both underground piping and applicable UST systems, pressurized tightness leak detection testing for existing USTs), decommissioning of existing Stage II vapor recovery systems, and related services for petroleum storage tanks owned or operated by, or as directed by the City of Fort Worth and the performance of required Stage II Compliance Testing on all applicable tanks. Occasional emergency repair work may also be required as well as PST -related training activities, when applicable, with implementation of technological upgrades to the City's fuel management infrastructure. All work shall be performed as directed by a duly authorized task order or notice to proceed issued by the City and in accordance with the specifications in the contract documents. Contractor will timely 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 will coordinate all work with the City's Transportation and Public Works Department / Environmental Management Division and Equipment Services Department to establish a tentative schedule for required regulatory testing no later than fourteen (14) calendar days from date of Notice to Proceed. - Contractor must be able to provide service (on -call) twenty four (24) hours per r awl day, seven (7) days a week, including holidays. Response Time (following notification): • Normal - Work shall have begun by the end of the normal working hours of the next day. • Emergency - Work shall have started within four (4) hours. ow Remainder of page is left blank intentionally. Contract— Tank Testing Services Page 17 of 19 Valley Tank Testing, LLC ATTACHMENT B. FEE SCHEDULE Prices for professional services rendered under this contract will be as specified in the schedule provided in the Contractor's proposal which follows in this attachment which shows the total cost for the system tests and services enumerated, including all labor, equipment, and materials necessary to perform the service. Direct labor rates and materials costs may be charged only for services which are not specified in the table such as training and repairs. The total fee for services under this contract shall not exceed twenty thousand dollars ($20,000) per contract year. System Tests Unit Price UST Tank Tightness Test $ 225.00 UST Pipe Tightness Test $ 70.00 _ UST Line Leak Detector Test $ 40.00 Sta a II Annual Compliance Test 1 $ 350.00 Corrosion Protection System Test I $ 300.00 Stage II Vapor Recovery $ 600.00 Decommissioning Testing Miscellaneous Parts/Supplies Unit Price Fill Cap $ 35.00 _ Fill Cap Gasket $ 10.00, Vent Cap $ 125.00 Employee Labor Rates per Hour Per hour Principal $ 50.00 Technician $ 35.00 Mark-up for Outside Services % mark-up For materials, equipment, supplies, PST related maintenance services, and PST training that are not included in the above listed prices but are required at a job site. 15% Contract — Tank Testing Services Page 18 of 19 Valley Tank Testing, LLC IMO CITY OF FORT WORTH: 7.--14444444 Fernando Costa Assistant City Mana er Date Signed: //29//5 RE c aelA. -.n Assistant Direct Transportation and Public Works SIGNATURE PAGE VALLEY TANK TESTING, LLC APPROVED AS TO FORM AND LEGALITY: vG Arthur N. Bashor Assistant City Attorney J. K. -e City Secretary ) ;�j Date Signed: / / �� Paul Kane Operations Manager WITNESS: Contract — Tank Testing Services Valley Tank Testing, LLC Page 19 of 19 rrt CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: 11/14/14 NAME OF PROJECT: CONTRACT FOR PETROLEUM STORAGE TANK TESTING AND STAGE II COMPLIANCE TESTING PROJECT NO. ENV- 15 - 01: UST CONTRACTOR: Paul Kane, Operations Manager Valley Tank Testing, LLC. P.O. Box 3466 Apollo Beach, Florida 33572 Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. — VENDOR COMPLIANCE TO STATE LAW N o The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of N. business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount a, that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident .. bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. MB - - A. Non -Resident vendors in required to be the Statute is attached. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas 0 Bidder: Paul Kane, Operations Manager Valley Tank Testing, LLC. P.O. Box 3466 Apollo Beach, Florida 33572 pawl I. Kaule, By: (Please Print) Signature — DIXnth DINS Title (Please Print) INS 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 Environmental Management Department, characterization, excavation, loading, transportation, and proper disposal of contaminated soils from property located in the vicinity of 2500 Brennan Avenue, Fort Worth, Texas CONTRACTOR Valley Tank Testing, LLC. By: Title Osizrafions hauler Date 1(0 .Tail Ugr'y A015 STATE OF T-CS § rt,t 8003.44 § COUNTY OF TARRAN- for B e me, the undersigned authority, on this day personally appeared �l , known to me to be the person whose name is subscribed to the foregoing jrIstrument, and acknowledged to me that he executed the same as the act and deed of VAtiey Tank. -ratio, iLt- for the purposes and consideration therein expressed arfd in the capacity therein stated. Given Under My Hand and Seal of Office thislio* day of 3Z MMY , 20 IS . i'tCw _ Notary Public in and for the State of-Te*as U�rP�.,;., ANTONELLA M. BECK ° Notary Public - State of Florida oP. My Comm. Expires May 8, 2015 ,� e�e ,,,SI , Commission # EE 76879 IMB IBM FORT WORTH® ADDENDUM NO. 1 TO: Interested Parties FROM: Kevin Pas, Senior Environmental Specialist Department of Environmental Management DATE: October 24, 2014 RE: Addendum #1 Petroleum Storage Tank Compliance Testing As of Wednesday, October 22, 2014, one additional question has been received concerning clarification of the bid specifications: Question 1: Should we send the electronic copy of the proposal package to you? Answer: No, the electronic copy should be attached within the proposal package and can either be included on a USB drive or burned to a CD/DVD. Only one electronic copy needs to be submitted. Question 2: Does the contract require repair of lines, tanks, and dispensers? Answer: No, it will only require minor repairs that are required during compliance testing. This is a testing contract for compliance not a maintenance contract. Please see the amended COST ESTIMATE table which includes the testing for decommissioning the Stage II Vapor Recovery Systems. Please use this amended table for submittal within your proposal Dackaae and include this Dade within the attached addendum section. -1- BID ESTIMATE System Tests Unit Price Quantity * Extended Price UST Tank Tightness Test 225.00 27 $6,075.00 UST Pi * e Ti. htness Test $70.00 10 $700.00 UST Line Leak Detector Test $40.00 10 $400.00 Stage II Annual CQmpijence Test $350.00 6 $2,200.00 Corrosion Protection System Test $300.00 5 $1,500.00 Stage II Vapor Recovery Decommissioning Testing $600.00 4 $2,400.00 Miscellaneous Parts/Supplies Unit Price Quantity Extended * Price Fill Cap $35.00 4 $140.00 Fill Cap Gasket $10.00 4 $40.00 Vent Cap $125.00 4 $500.00 Employee Labor Rates per Hour Per hour Quantity Extended * Price Principal $50.00 16 $800.00 Technician $35.00 16 $560.00 mark- Quantity Extended Mark-up for Outside Services up Price For materials, equipment, supplies, PST related maintenance services, and PST training that are not included in the above listed prices but are $1000 required at a job site. 15% $150.00 TOTAL BID ESTIMATE: $15,465.00 *Quantities are an estimate of potential work to provide a total bid estimate and are not a guarantee of actual amount of work to be performed. CONTRACTOR SUBMITTING PROPOSAL: VALLEY TANK TESTING LLC By: Company Name 451 APOLLO BEACH BOULEVARD Address APOLLO BEACH, FL 33572 City, State, Zip (813) 671-9065 PAUL J. KANE (print or type name of signatory) (Signature) OPERATIONS MANAGER Title (print or type) (866) 328-9796 Phone FAX -2- INVITATION TO BID CITY OF FORT WORTH TRANSPORTATION /PUBLIC WORKS DEPARTMENT ENVIRONMENTAL MANAGEMENT DIVISION 1000 THROCKMORTON FORT WORTH, TEXAS 76102 FORTWORTH® For: PROJECT: ENV 15-01: PST ANNUAL CONTRACT FOR PETROLEUM STORAGE TANK TESTING AND STAGE II COMPLIANCE TESTING MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 ON THURSDAY, OCTOBER 30, 2014 Submitted by: VALLEY TANK TESTING, LLC Company Name 451 APOLLO BEACH BOULEVARD Maaiig Address PAULJ.KANE PresidentMMce-President printed name PresidentNice-President signature APOLLO BEACH, FL 33572 OCTOBER 20,2014 Grly StateZ (813) 671-9065 Telephone Date PJKANE@VALLEYTANK.COM email City of Fort Worth Invitation to Bid 1 INVITATION TO BID 1.1 PROJECT DESCRIPTION Sealed bids for "Petroleum Storage Tank Testing and Stage II Compliance Testing", as described in the Scope of Work (Section 2.3), for the City of Fort Worth will be received from qualified bidders until 1:30 p.m. on October 30, 2014 in the Purchasing Department, 1000 Throckmorton, Fort Worth, TX 76102. The purpose of this Invitation to Bid is to obtain information from capable and experienced firms as to their qualifications and their ability to provide the required services to the City of Fort Worth and to obtain firm pricing to meet the needs of the City. Prices on this bid shall be firm for one (1) year from effective date. The selected contractor will provide petroleum storage tank testing for the purpose of regulatory compliance and may occasionally be required to perform maintenance or repair services to underground storage tanks or piping. Refer to. Section 2.3 for details on the scope of work. There is no guaranteed minimum work under this contract. 1.2 GENERAL REQUIREMENTS Compliance With Laws: All Contractors shall be 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; • Fort Worth ordinance 20020-12-2011, Business Diversity Enterprise Ordinance; 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 Safety and Health 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 ariy other entity that may have jurisdiction over work being performed. Pre -Bid Meeting: A Pre -Bid Meeting will NOT be held for this bid process. Time Bid to Remain Valid:: Bids submitted in accordance with this Invitation to Bid shall remain valid for 90 days after the due date. 1.3 INTERPRETATION OF ITB DOCUMENTS All requests for an interpretation of the ITB must be made in writing and received by the TPW — Environmental Management Division, by fax or email (preferred), up until seven days prior to bid opening. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. Requests for interpretation must be submitted to: Kevin Pas TPW-Environmental Management Division City of Fort Worth 1000 Throckmorton ENV 15-01: PST 1-2 October 30, 2014 City of Fort Worth Invitation to Bid Fort Worth TX 76102 817.392.6359 FAX Kevin.Pas(fortworthtexas.aov The City will issue any interpretation of the ITB as a formal addendum. Each provider that intends to submit a proposal package must e-mail Mr. Kevin Pas with a notification of intent to submit in order to assure receipt of applicable addenda. The City also will post addenda on its Purchasing website (htti//fortworthtexas.aov/purchasina/). The City will not be responsible for any other explanations or interpretations. 1.4 CONFLICTS Should there be conflicts between the bid documents and the final executed contract document, the final contract shall take precedence. 1.5 HOW TO SUBMIT A BID Each Contractor must submit ONE (1) bound original and one (1) electronic copy (PDF format) of their bid to the City. Include all pages of this Invitation to Bid on plain 8 1/2 x 11 inch paper (do not print on company letterhead or add company logo) and insert all required information/documentation where indicated. All items to complete the submittal must be included within the bid or the entire bid may be considered non -responsive and rejected. 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 bid. Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102. Bids must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, October 30, 2014. The project number must be clearly marked on the envelope and the statement "BID DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 pm on Thursday, October 30, 2014" 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 Bids will be returned. They will not be opened nor considered in the evaluation process. Bids may be withdrawn at any time prior to the official opening. NO FAXED OR EMAILED BIDS WILL BE ACCEPTED 1.6 SECURITY Bids must be accompanied by a bidder's bond in the amount of 5% of the Total Estimated Bid (Section 2.4). 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 ENV 15-01: PST 1-3 October 30, 2014 City of Fort Worth Invitation to Bid authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. 1.7 OPENING OF BIDS The firm name for each bid submitted will be read aloud at 2:00 P.M. on Thursday, October 30, 2014, in the Fort Worth City Council Chambers. The Bids 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 Bids will be open for public inspection after project award, as provided by Section 1.8 below. The Bid Documents submitted in accordance with this ITB shall remain valid for ninety (90) 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 Bids 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 Bid will result in all unmarked sections being deemed non-proprietary and available upon public request. 1.9 BID EVALUATION CRITERIA The City will award a contract to the bidder who provides services at the best value to the City. In determining the best value, the following criteria will be considered pursuant to Texas Local Government Code §252.043: a) purchase price; b) reputation of the bidder and of the bidder's goods /services; c) quality of the bidder's goods or services; d) extent to which the goods or services meet the City's needs; e) bidder's past relationship with the City; f) impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; and g) total long-term cost to the City to acquire the bidder's goods or services. The following is a summary of evaluation factors and the point value assigned to each. These weighted factors will be used in the evaluation of the individual bids submitted. The City will select the most highly qualified provider responding to the request based on these criteria. Factor Points 1. Price 60 2. Capabilities, qualifications; and experience of 40 contractor and subcontractors (if applicable) Total 100 ENV 15-01: PST 1-4 October 30, 2014 City of Fort Worth Invitation to Bid Price scores will be determined by applying the total bid estimate submitted in the bids to the following formula: Lowest .Estimate x 60 =Price Points Current.Estimate The City may conduct such investigations as deemed necessary to assist in the evaluation of any Bids and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and other persons who are proposed to work on the project. 1.10 CONTRACT TIME The successful Contractor will be awarded a one-year contract with three 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 Bid 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 successful 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 sales tax; therefore, tax must not be included in this bid. 1.14 RESERVATIONS The City reserves the right to reject any or all Bids and waive any or all formalities. Remainder of this page intentionally left blank ENV 15-01: PST 1-5 October 30, 2014 October 20, 2014 LETTER OF TRANSMITTAL THE CITY OF FORT WORTH Environmental Management Department 1000 Throckmorton Street Fort Worth, TX 76102-6311 RE: Annual Contract for Petroleum Storaae Tank and Stage II Compliance Testing Project: ENV 15-01: PST To Whom It May Concern: This letter of transmittal is being submitted by Valley Tank Testing LLC as part of our bid for the City of Fort Worth's Annual Contract for Petroleum Storage Tank Testing and Stage II Compliance Testing, Project ENV 15-01: PST. Mr. Paul J. Kane, Operations Manager, is the authorized person to contractually obligate and negotiate the agreement on behalf of Valley Tank Testing LLC. Mr. Kane can be contacted by phone at (813) 671-9065, or by e-mail at pikane(vallevtank.com Additional persons who may be contacted for clarification are as follows: Brian Berkle, Director of Operations — phone (713) 668-6997; brianevallevtank.com Scott Montgomery, Operations Manager— phone (813) 671-9065; scottmevallevtank.com Houston Office P.O. Box 271429 Houston, TX 77277 Phone (713) 668-6997 Fax (866) 328-9796 Sincerely, Paul J. Kane Operations Manager Tampa Office P.O. Box 3466 Apollo Beach, FL 33572 Phone (813) 671-9065 Fax (866) 328-9796 P.O. Box 3466 • Apollo Beach, FL 33572 Phone: (813) 671-9065 • Fax (866) 328-9796 City of Fort Worth Invitation to Bid 2 BID DOCUMENTS 2.1 BID DOCUMENT CHECKLIST All Bid Documents, including this checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. Bid Documents 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 Bid Document Checklist (page 2-1) Addenda to the Invitation to Bid (page 2-1) Scope of Work (page 2-2) Price (page 2-2) Contractor Information and Qualifications (page 2-5) Subcontractors Information and Qualifications (page 2-8) Bonds (page 2-9) Business Diversity Enterprise (BDE) Utilization Requirements Statement of Residency (page 2-10) Nondiscrimination (page 2-11) Insurance Certificates (page 2-12) Initial if Included (page 2-10) NA Contractor's Responsibilities (page 2-15) ..-��lt/ understand that all of these items will be reviewed, and any items not included may result in my bid being considered non -responsive. 2.2 ADDENDA TO THE INVITATION TO BID The undersigned acknowledges receipt of Addenda No. NIA thru NIA issued for this Invitation to Bid, and has included all addenda in the proposal. (Insert N/A in blanks if no addenda were issued.] CONTRACTOR: N!� Signature NIA Name. NIA Title Ivth Company Date' INCLUDE ALL ADDENDA FOLLOWING THIS PAGE BOUND WITHIN THE BID SUBMITTAL ENV 15-01: PST 2-1 October 30, 2014 City of Fort Worth Invitation to Bid 2.3 SCOPE OF WORK Bids 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. Occasional emergency repair work may also be required as well as PST -related training activities, when applicable, with implementation of technological upgrades to the City's fuel management infrastructure. The City of Fort Worth operates 41 underground storage tanks at 17 sites. Required tests include annual Stage II compliance testing, triennial corrosion protection system tests, triennial tank tightness tests, and annual line leak detector testing and pipe tightness tests. A list of City of Fort Worth facilities with underground storage tanks including details of tank characteristics and required testing is provided at the end of this section. Contractor shall coordinate with the City's Transportation and Public Works and Equipment Services Departments to establish a tentative schedule for required regulatory testing no later than fourteen (14) calendar days from date of Notice to Proceed. Vendor must be able to provide service (on -call) twenty four (24) hours per day, seven (7) days a week, including holidays. If the vendor cannot respond to an outage within the specified time, the City has the option to obtain service from other qualified vendors. Response Time (following notification) ■ Normal — Work shall have begun by the end of the normal working hours of the next day. ■ Emergency — Work shall have started within four (4) hours. Provider 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. Failure to bid on any single item or procedure may be considered grounds for rejection of the bid unless an alternative is clearly provided. In case of ambiguity or lack of clarity in the prices stated in the bid, the City reserves the right to adopt the most advantageous construction thereof or to reject the bid. Remainder of this page intentionally left blank ENV 15-01: PST 2-2 October 30, 2014 1 1 1 1 1 i 1 i i 1 i 1 1 1 1 1 1 I 1 • City of Fort Worth Invitation to Bid List of City of Fort Worth facilities with underground storage tanks indicating potential scheduled tests (unshaded cells). Facility Name Downtown Service Center 1013 Cherry Street Fire Station 10 3209 Hemphill Street Fire Station 14 2737 Meadowbrook Drive Fire Station 24 3101 Forest Avenue Fire Station 25 3801 N. Main Street Fire Station 30 4416 Southwest Blvd. Fire Station 31 4209 Longstraw Fire Station 32 10201 White Settlement Road Fire Station 33 14650 Statler Road Fire Station 44 (Meacham) 4201 N. Main Street James Avenue Service Center 5001 James Ave. TCEQ Year TCEQ Facility Installed Tank Contents ID NO, ID 7526 7548 7552 45916 7563 7568 7569 7570 7802 28135 77653 Capacity Stage 1I (gallons) Compliance 1968 1 Gasoline 12,000 1955 2 Gasoline 6,000 1982 1 Diesel 550 1982 2 Gasoline 550 1983 1 Diesel 550 1983 2 Gasoline 550 1987 1 Diesel 1,000 1987 2 Gasoline 1,000 1982 1 Diesel 550 1982 2 Gasoline 550 1983 1 Diesel 550 1983 2 Gasoline 550 1985 1 Diesel 550 1985 2 Gasoline 550 1985 1 Diesel 550 1985 2 Gasoline 550 1987 1 Diesel 1,000 1987 2 Gasoline 1,000 1980 1 Diesel 1,000 1970 2 Gasoline 550 2005 1 Diesel 20,000 2005 2 Diesel 20,000 2005 3 Diesel 20,000 2005 4 Gasoline 20,000 2005 5 Gasoline 20,000 Triennial Corrosion (Cathodic) Line and Leak Det. Triennial Tank Tightness ENV 15-01: PST 2-3 October 30, 2014 City of Fort Worth Facility Name TCEQ Year TCEQ Facility Installed Tank ID NO. ID Contents Capacity Stage II (gallons) Compliance Police Administration (generator) 12943 1984 1 Diesel 4,000 350 W. Belknap Street Southeast Service Center 7523 1992 1 Gasoline 8,000 5000 Martin L King Freeway 1992 2 Gasoline 8,000 All TanksTemoorary Out of Service I 1992 3 Diesel 8,000 1992 4 Diesel 8,000 '„ Southside Service Center 48704 1987 1 Diesel 10,000 4100 Columbus Trail 1987 2 Gasoline 10,000 1987 3 Diesel 10,000 Village Creek POTW 7527 1981 1 Diesel 2,000 '- 4500 Wilma Lane 1981 2 Gasoline 2,000 1981 3 Gasoline 2,000 Water Service Center 7524 1969 1 Gasoline 10,000 2201 W. Daggett Street 1969 2 Diesel 10,000 1969 3 Diesel 10,000 West District Park Operations 7533 1983 1 Diesel 2,000 7103 Calmont 1 1983 2 Gasoline 2,000 ENV 15-01: PST October 30, 2014 Invitation to Bid Triennial Line and Corrosion Leak Det. (Cathodic) Triennial Tank Tightness 2-4 t I I 1 • City of Fort Worth Invitation to Bid 2.4 PRICE Contractors should provide a price for each item 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 for system tests shall indude all labor, material, and equipment to perform the function. For labor rates, which may be necessary for repairs, training, or other services, do not add employee categories. Select the City class closest to the Contractor's actual classification. All labor rates listed shall be hourly rates. 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 bid. A current list of facilities and USTs is provided in Section 2.3. The list provides information on tank characteristics and indicates the scheduled tests that may be required during the initial contract term. This list is subject to change and does not include potential unscheduled maintenance and repair activities. BID ESTIMATE UST Tank Tightness Test UST Pipe Tightness Test UST Line Leak Detector Test Stage I1 Annual Compliance Test Corrosion Protection S stem Test Fill Cap Fill Cap Gasket Vent Ca Principal Technician For materials, equipment, supplies, PST related maintenance services, and PST training that are not included in the above listed prices but are required at a job site. $225.00 $ 70.00 $ 40.00 $350.00 $300.00 $35.00 $10.00 $125.00 15% 27 $6,075.00 10 700.00 10 1 400.00 6 I 2,200.00 1,500.00 4 $140.00 4 1 40.00 a l 500.00 -16 $800.00 16 560.00 $1000 $150.00 TOTAL BID ESTIMATE: $13,065.00 *Quantities are an estimate of potential work to provide a total bid estimate and are not a guarantee of actual amount of work to be performed. CONTRACTOR: VALLEY TANK TESTING LLC Signature Company PAUL J. KANE OCTOBER 20, 2014 Name Date OPERATIONS MANAGER Title ENV 15-01: PST October 30, 2014 2-5 City of Fort Worth Invitation to Bid 2.5 CONTRACTOR INFORMATION AND QUALIFICATIONS Bidder shall submit the following items to demonstrate their qualifications and capabilities to fulfill and abide by the requirements listed herein. The documents listed below shall be included in this bid submittal, in the same order and numbered as listed, following this page, bound within the response. Failure to submit any of the following information may result in the bid document being considered non -responsive. 2.5.1 Contractor Information Provide company information including company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. 2.5.2 Contractor Qualifications A. Business Qualifications and Experience Providers must submit an up-to-date, concise statement of qualifications. a) Document provider's experience 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. b) Include copies of appropriate company licenses and certificates from TCEQ, EPA, DOT, etc. c) If applicable, photographs, schematic drawings, and vendor's brochures should be included with a narrative description. d) Provide listing of major equipment owned and operated by the provider including age and condition of the equipment. B. Personnel Qualifications and Experience Providers must include in the bid credentials of the key personnel who will be assigned to this contract. These credentials must include but may not be limited to the following: degrees and other pertinent training information, experience petroleum storage tank and Stage II testing (total years experience and years experience with provider), appropriate certifications, registrations, and licenses, and familiarity with the methods listed in Section 2.4. Identify key persons by name and title and describe the primary work assigned as associated with this contract. 2.5.3 Technoloav Description This is a critical portion of the Bid because the feasibility of the methods for completing the work must be carefully demonstrated. A description of the tank tightness testing protocol, piping tightness testing protocol, corrosion protection equipment testing protocol, and the Stage II Vapor Recovery System testing protocol shall be submitted with the bid documents. Photographs, schematic drawings, vendor brochures and third party certifications should be included in addition to the narrative description for each of the ENV 15-01: PST 2-6 October 30, 2014 City of Fort Worth Invitation to Bid proposed work tasks. Each work task shown on the Bid Estimate form should be addressed at a minimum. 2.5.4 References Providers must submit five (5) customer references for previous clients who have received similar services to those proposed by the provider for this agreement. Each reference must include the organization name, name of contact person, address, telephone number and description of services provided. Current City of Fort Worth personnel may not be used as references. Subcontractors named in this bid and partners of your firm may not be used as references. INCLUDE A COPY OF THE QUALIFICATIONS AND CAPABILITIES FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE. ENV 15-01: PST 2-7 October 30, 2014 VALLEY TANK TESTING QUALIFICATIONS DESCRIPTION PROJECT: ENV 15-01:PST Valley Tank Testing, LLC is a full service UST testing and compliance management firm. We started operations in November of 2003 in Houston, Texas. We currently have 5 crews operating in Texas. Two crews work out of the Dallas area and three are located in Houston. In addition, we have regional operations in Arizona, Georgia, Tennessee, Pennsylvania and Florida. We operate in 30 states overall and have over 3,000 sites under contract for annual UST compliance testing. Our biggest customers are Murphy Oil, Circle K and Racetrac. Equipment All of our trucks are equipped with the items listed in the technical description. The equipment on our trucks is generally Tess than 4 years old and we are diligent in maintaining calibration and any other manufacturer requirements. In addition to the test equipment, we carry a wide array of replacement parts so that we can identify and fix problems while eliminating the need to create a maintenance call and return visits. Brian Berkle Brian Berkle is the operations manager for our Texas operations. Brian started working in the UST testing industry in 1992. He spent nine years as a field technician and is certified on various methods of tank and line testing including all the equipment listed in the technical description. Brian manages our five Texas crews and 15 crews total that service over 2000 sites annually. His 22 years combined experience as a tester and operations manager have provided him with an invaluable combination of technical and management experience. Jeffrey Johnson and Justin Johnson Jeffrey Johnson and Justin Johnson will be our Texas technicians assigned to this account. Both Jeffrey and Justin have several years' experience as UST system testers and testing of Stage II systems. They are both certified on various methods of tank and line testing including all of the equipment listed in the technical description. 1 I $ 1 1 1. t-i " • sraccossitifty LAItttpleted ithe:Vetirt-TiteLitteerak Detectoir'llnuer" Certification Exam : 'Ibis 'person i certified by the. manufacturer to be knoiNiedgealtAe in the eperakiort of the: • Petro-Tite® Line Tester This mreintreffIXCerl,nt truirdrigiii qIprn1:uM EtJ jdj TcridaroryAgertcirs, ettitat ntigtitMli:kt). Agrferritta ratty rrAlrlift ;addititirm atrnpr.y iiputoirood 7rhisCortificAte ilor,a•-tranct6TAibilv .Red L The.r 1791071, yearai .7. • i; 1:11LIX! Or I.:PAW. MiiEridaPry .Tettrarigigairtril Ei5 1ot:pit-0d iDe rkr rEpefrov darteLtevli;rarnork. ThiR ce•rtigli.m.goit. ski prrrracrryLLitourpunk ; arta .rnias4.60. aurronernod :17 tbr. beciektr.v &feud, iiNo.o.Aigion of r.tir'o r,:orrifi.Q,uLte i.s;rw 1O ortdorsorerrak trf .turponi 11:::40Emrvriri It or .1.iiedretC riLir!MC.. alloy Rhroptikr .betivity iirlivi:.5,1,61041; rho at!br.roe qomin.E; •cluiprikcirit, • i„ •,•,• ! • '" • "' •:: ,: • • • !::;,17" ,„„ . , „ • • !: • VALL E: ITANKTESTINGLLC • • •StitCLtS4fraily the "IPetit•j'ite 1,illea.,,eak De tcitOr Biertificiition This pro R ii., 011 by tie ft:Ian:11f t*Vturer to be kncivititageobie in the openiHnoii of itie: Petro-Tite® Line Tester This certification meets or exceeds preliminary training and certification requirements of all re:gtdatory.Agencie.s, Curtain regulgtpry reitpr,tint:. oidctitricrututl ttEEfrte:ry .13;ptiniPtitriDtt .trrotf, cell"Fiui tL,rt 1 L i r rt FL r LEL.ttrp,t to,i! yttiarg. iasurc. .14,4;ktkitlodlt:tr:y :r.,quirrd Cora or dog!: .ultqrtificolitu ipforkekty „kg pk,kirixkro, Ettitlitete.rirtitE and Inugt tte !,iitartrtNriderv.g.:1 :by ficsmssicin ‘!If imrrrficate iritot an rtkiicc.skirktketili by! pkirpara Engineer:rag or }tenth Coreteittents,1m, t*try terrtitn,hr aerthlty Insrriiving the aieg.rvo toeldnir, 51.u.liftcroph. • • tI air1111111 ". • !..!..!•!.!.:!!,..!1: • ,i111111 imt N al u ml TEI SYSTEM 5000W CERTIFICATE OF COMPLETION This document certifies that: Jeffrey Johnson has successfully completed the TEI System 5000W training program and has been trained in the fundamentals of the TEI System 5000W brand of tank testing procedures and equipment operations and is now considered a manufacturer certified technician with a rating of: Technician TMI-124 Renewed: September 15, 2014 Originally issued: May 11, 2012 Expires: September 14, 2017 Michael Less l , President TRIANGLE MANUFACTURING, INC. 3726 PARK PLACE, MONTROSE, CA91020'TEL: (818)301-7777 • FAX: (818)330-9992 WWW.TRIENV.COM TEI ULLAGE SYSTEM CERTIFICATE OF COMPLETION This document certifies that: Jeffrey Johnson has successfully completed the TEI Ullage System training program and has been trained in the fundamentals of the TEI Ullage System brand of tank testing procedures and equipment operations and is now considered a manufacturer certified technician with a rating of: Technician TMI-124 Renewed: September 15, 2014 Originally issued: May 11, 2012 Expires: September 14, 2017 Michael Lessley, resident TRIANGLE MANUFACTURING, INC. 3726 PARK PLACE, MONTROSE, CA91020 .TEL: (818)301-7777 • FAX: (818)330-9992 WWW.TRIENV.COM 1 4 11E6 6._ I ; 1 SRL.I L- 1 Steel Tank nst t ste 'would ac owledge that met _ qanS?�.� all o t:�. � .. _ - ,�' e u�rerrent,� ia� � e�atn� authorized Under g g ou»cl>Sforage TankCathodic I'r,atection _TWer xptration a No aer bet' LD#: C'P 1 1214 „f D'arector.of Technical ServicesSteel Tank institute Sltateneith ST1/SPFA CATHODIC PROTECTION TESTER CERTIFICATION PROGRAM 847/438-8265 NAME: JEFFREYJOHNSON 1.9.4: CP 111214 EXP Anom DATE: NOVEMEER 7,2915 THE PERSON TO WHOM THIS GIRD HAS DEEM ISSUED HAS FULFILLED THE REQUIREMENTS TO ATTAIN CP TESTER CERTIFICATION � I 11— i.. ram. il► ►.. I 4 Valley Tank Testing ffas successfuily-campleted:-the 'Petro,Titee i; fne/Leak Detector Tester Certification Exain. This person fs certified by the manufacturer to: be._knowledgeable „in the operation of the: PetroPetr6-The LineTester P. ' Lr 410041itifr. N *•r Milnerfiy "OW Artegrin104 rr�i.wr+lfr r V-.4. 7 irra+4 ti- Ctrilagi, ^spry aerrrecr ieD, reigrol 44114srrrl, a,u.6v,4 +.rcskl .: _ 'T lkol drn' oIt 4. flier— a►vir Wm: is ndastAr AK jitat,.. i-6 a►r di* , Oak 1�_A'wis.Erl-►r..vli sr.u,.. u ryru*m 0i 4,r y-'n its i '� cwrdaGcrt 'j`J ,esdis oq(r. , �r�'}�'. �•'� �+rsrrJ+�- .fr'+►'rtArrd ki �► 4 p6-�.IdiNi1Qi Of-litu K� phi r+'�t: ,kv 1 �'�•tr�,� biz. �sNIM rk�f1G�,� .I } jr'�-• =! . • 't-,� -. ; 1trt ,'! ;�_.,tt ff!r11', raw + ►!o t..'i d r4tti.; M�c4erit I{= ,, 'It3 ' 11.1-cT ir-� ...1,-. •_ . t... r"i+. 1 ;';, ' , s ; ;r ;11; ' . I -11 ' • ,, 1-. ►Wbr r•tSrt . 4U14' . i r.;;.. ng.e TEI SYSTEM5000W CERTIFICATE OF COMPLETION This document certifies that: Justin Johnson has successfully completed the TEI System 5000W training pros= and has been trained in the fundamentals of the TEI System 5000W brand of tank testing procedures and equip:Merit Operations and is noW considered a manufacturer certified technician with a ratingot. Technician Th41-125 Originally issued: May 11, 2012 Expires: May 1-1, 2015 Michael Lessley, r ident TRIANGLE MANVFACTUING, 3716 PARK PLACE, MONTROSE, CA91110 • TEL: (818) 301- 7117 • FAX; (818) W,9992 WWW. TR 1ENV.COM Er= ngle TEI ULLAGE SYSTEM CERTIFICATE OF COMPLETION This dociunent certifies that: Justin Johnson has successfully completed the TEI Ullage System training program and has been trained in the fundarnentals of the TEI Ullage System brand of tank testing procedures and equipment operations and is now considered a manufacturer certified technician With -a rating of Technician TM1-125 Originally issued: May 11, 2012 Expires: May I 1, 2015 Michael Lessley, Prof&nt TRIANGLE MANUEACTLIING,INC. 3726_PAIM PLACE, MONTRO5E, CA.91210'e TEL: (818)30 1•7777 • FAX ($18).330-,9992 WWW,TREENV.COM VALLEY TANK TESTING TECHNOLOGY DESCRIPTION PROJECT: ENV 15-01:PST Line/LD Testinq Our technicians are certified on the Petro Tite Tester which is manufactured by Purpora Engineering, Inc. Enclosed you will find a copy of the 3ro party certification associated with the evaluation and analysis of the system. Average down time for a test is approximately one hour. Multiple lines can be tested simultaneously. Tank Testinq Our technicians are certified on the Triangle TEI System 5000W and TEI Ullage System manufactured by Triangle Manufacturing, Inc., and on the EZ3 Locator Plus System, manufactured by Estabrook, Inc. Enclosed you will find copies of the 3nd party certifications associated with the evaluation and analysis of the systems. Average down time for a test is approximately 45 minutes. Multiple tanks can be tested simultaneously. Cathodic Protection Our technicians are certified by Steel Tank Institute. Our technicians have been trained in Galvanic Systems as well as Impressed Current Systems. Our trucks are equipped with the necessary testing equipment (multimeter, reference electrode, wires, clips, test probes, and if needed, sacrificial anodes). By equipping our trucks and training/certifying our technicians we are in most cases able to complete the testing requirement and make any small repairs that may be needed on the initial visit. All of the metal components of the tank and piping systems that routinely contain product and are in contact with the ground are tested. Vapor Recovery Our technicians follow procedures developed and approved by the California Air Resources Board (CARB). Enclosed are cover pages for procedures TP-201.3, TP-201.4, and TP-201.5. The entire procedure is not enclosed in the interest of saving paper. You will also find enclosed a picture of the Tri-Tester A/L unit manufactured by Triangle Manufacturing, Inc. and the Vapor Recovery Test Panel manufactured by Purpora Engineering, Inc. These units in conjunction with the CARB procedures are what we use to perform testing on the systems. California Environmental Protection Agency e—Air Resources Board Vapor Recovery Test Procedure TP-201.3 Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities Adopted: April 12, 1996 Amended: March 17, 1999 California Environmental Protection Agency a-7-M Air Resources Board Vapor Recovery Test Procedure TP- 201.4 Dynamic Back Pressure Adopted: April 12, 1996 Amended: April 28, 2000 Amended: July 3, 2002 California Environmental Protection Agency ®Air Resources Board Vapor Recovery Test Procedure TP- 20'1.5 Air to Liquid Volume Ratio Adopted: April 12,1996 Amended: February 1, 2001 10/17/2014 Estabrook EZY CHEK Systems 0 Issue Date:January 11, 2001 Revision Date: December 31, 2009 Certification Leak Threshold ApplicabTity Tank Capacity Waiting Time Test Period Test Pressure Temperature Water Sensor Estabrook EZY CHEK Systems (originally listed as Horner EZY CHEK) EZY 3 Locator Plus NON -VOLUMETRIC TA M( TIGHTNESS TEST METHOD (VACUUM) Leak rate of 0.1 gph with PD = 100% and PFA = 1.6%. A tank system should not be declared tight when the acoustic signal detected is different from the baseline signal before a vacuum is placed on the tank, or when water ingress is detected by the water sensor. Gasoline, diesel, aviation fuel, fuel oil #4,•waste oil. Other liquids may be tested after consultation with the manufacturer. Maximum of 30,000 gallons. Ullage volume must exceed the greater of 1% of tank volume or 50 gallons. Maximum of 30,000 gallons per tank for manifolded tank systems with microphone, water sensor and pressure monitoring gauges in each tank. None between delivery and testing. When groundwater level in tank excavation backfill is below bottom of tank: A few minutes to determine background noise and at least 2 minutes to run the test after desired vacuum is reached. When groundwater level in tank excavation backfill is above bottom of tank or when the groundwater level in the tank excavation backfill has not been determined: The time it takes for water ingress ID increase the water level in the tank to allow the water sensor tD detect the "minimum detectable change in water level" (see "Water Sensor" section below). Test period based on water ingress is dependent on tank size. For example, the test period is 36 minutes for a 10,000 gallon (96" dia x324" Ig) tank. Before starting test, water sensor must be calibrated to "minimum detectable water level" (see "Water Sensor" section below) according ID manufacturer's instructions. There must be no dispensing or delivery during test. Pressure differential across tank wall at bottom of tank must be at least 0.5 psig. Pressure differential across tank wall is equal to the absolute value of vacuum applied to tank, plus pressure of tank excavation backfill on tank, plus groundwater pressure on tank, minus pressure of liquid in tank. Acoustic signal is independent of product temperature. Conductivity water sensor must be used to detect water ingress and must be calibrated for every test when groundwater level in tank excavation backfill is above bottom of tank or when the groundwater level in the tank excavation backfill has not been determined. Minimum detectable water level is 0.014 inch. Minimum detectable change in water level is 0.0095 inch. Minimum water level in tank must be adjusted to at least 0.014 inch (sensor's minimum detectable water level) before calibrating sensor and starting test. Groundwater Groundwater level in tank excavation backfill must be determined by observation well or soil probe in tank excavation backfill. httpJ/www.nwglde.org/ewais/estabrook erycheck d.html 1/2 + 1D/17/2014 = EstabrookEZYCHEK Swtems D t ` If groundwater level in tank excavation backfill is above bottom of tank or the groundwater level in the tank excavation backfill has not been determined, water sensor must be used and test time extended to ensure water ingress detection during test. Comments Microphone was 25 ft away from leak source during evaluation. Although not tested on empty tanks, a third party acoustics specialist has certified the device is equally effective when tanks are empty as when tanks contain product Test may be inconclusive if there is high background noise. Vacuum test method may not be effective in some tank excavation backfill (such as clay) because it may plug holes in tank. If free product is present in tank excavation backfill, a leak in the free product zone may not be detected by a vacuum test method. An observation well or soil probe in tank excavation backfill may help determine backfill material, water level in tank excavation backfill, and free product. Manufacturer must certify operator at least every 2 years. More than 4 psi pressure differential across the tank wall at any location in the tank could damage tank. Estabrook EZY CHEK Systems 1505 Woodside Ave. Essexville, MI 48732 Tel: (989) 891-9868 E-mail: sales©ezychek.com URL: www.ezychek.com Evaluator: Ken Wilcox Assodates Tel: (816) 443-2494 Date of Evaluation: 07/28/00 I Home I Vendors: A - F I Vendors: G- M I Vendors: N- S I Vendors: T- Z I Method Index I Glossary I Appearance on this list is not to be construed as an endorsement by any regulatory agency nor is it any guarantee of the performance of the method or equipment. Equipment should be installed and operated in accordance with all applicable laws and regulations. For full details, please refer to our expanded "DISCLAIMER" page. httpJMnnw.rMglde.org/e%els/estabrook ery_check d.html 2/2 10/17/2014 Purpora-Heath Consultants, Inc. A Issue Date: November 22,1995 Revision Date: April 11, 2011 Certification Leak Threshold Applicability Specification Pipeline Capacity Waiting Time Test Period Calibration Conwnents Purpora Engineering, Inc. (originally Fisted as Heath Consultants, Inc.) Petro The Line Tester L IM TIGHTTESS TEST METHOD Leak rate of 0.1 gph with PD = 99.99% and PFA = 0.34%. 0.05 gph. A pipeline system should not be declared tight if the test result indicates a Toss that equals or exceeds this threshold. Vendor claims this equipment can detect leaks at .01 gph, and trains operators to declare leaks at .01 gph. Gasoline, diesel, aviation fuel, fuel oil #4. System tests fiberglass and steel pipelines. Tests are conducted at 150% operating pressure. Mechanical line leak detectors shall be removed or manually isolated from the pipeline for duration of test, or check valve in pump must be manually closed if testing is to be conducted with mechanical line leak detector in place. Maximum of 129 gallons. None between delivery and testing. None between dispensing and testing. Minimum of 30 minute (two 15 minute readings) test when the detected leak does not exceed 0.005 gph, or minimum of 1 hour (four 15 minute readings) test when the detected leak is more than 0.005 gph for the first 30 minutes. Test data are acquired and recorded manually. System must be checked annually and, if necessary, calibrated in accordance with manufacturer's instructions. The manufacturer does not support test results if the technician does not hold a current Petro-Tite certification when the test is performed. Re -certification is required by the manufacturer every 2 years. Purpora Engineering, LLC P.O. Box 80265 Saukville, WI 53080 Tel: (800) 352-2011 E-mail: sap@purporaengineering.com URL: www.purporaengineering.com Evaluator: Ken Wilcox Associates Tel: (816) 443-2494 Dates of Evaluations: 03/11/91, 05/06/01 http://wwwnwgide.org/evals/pe heath consultants ahtmi 1/2 1a17/2o14 Triangle Environmental, Inc. C Issue Date: November 22, 1995 • Revision Date: May 3, 2006 Certification Leak Threshold Applicability Tank Capacity Waiting Time Test Period Test Pressure Temperature Water Sensors Groundwater Calibration Triangle Environmental, Inc. MU System 5000, Version 1.0, Version 1.0W NON -VOLUMETRIC TAN( TIGHTNESS TEST METHOD (VACUUM) Leak rate of 0.1 gph with PD = 100% and PFA = 0%. A tank system should not be declared tight when the acoustic noise level of the tank under vacuum is greater than the calibrated background acoustic noise level (prior to evacuation). A tank system should not be declared tight if any water ingress is detected. Gasoline, diesel, aviation fuel, fuel oil #4, waste oil. Maximum of 20,000 gallons. Tank must be minimum 14% full. Microphone should be located within 24 feet of all points within the tank. None between delivery and testing. Minimum of 1 minute when groundwater is below bottom of tank. When groundwater is above bottom of tank, Version 1.0W (indudes either Triangle TEI System 5000 Water Sensor or Estabrook EZ-3 Conductivity Water Sensor) -must be used and test period extended to ensure water ingress detection during test. For Triangle TEI System 5000 Water Sensor: Minimum of 10 minutes when using (time begins after sensor is set up and calibrated). For Estabrook EZ-3 Conductivity Water Sensor: Minimum test time must be calculated using Estabrook EZ-3 operations manual, but cannot be Tess than 1 hour. Calculation is based on tank size, groundwater elevation, and product elevation. There must be no dispensing or delivery during test. Vacuum as directed in operating instructions. If vacuum cannot be maintained, see manufacturer's instructions. Acoustic signal is independent of product temperature. Version 1.0W (indudes either Triangle TEI System 5000 Water Sensor or Estabrook EZ-3 Conductivity Water Sensor) must be used to detect water ingress. For Triangle TEI System 5000 Water Sensor: Minimum detectable water level is 0.0532 inch. Minimum detectable change in water level is 0.00013 inch. Minimum water level in tank must be adjusted to at least 0.0532 inch at the sensor before starting the test. For Estabrook EZ-3 Conductivity Water Sensor: Minimum detectable water level is 0.014 inch. Minimum detectable change in water level is 0.0095 inch. Minimum water level in tank must be adjusted to at least 0.014 inch at the sensor before starting the test. Depth to groundwater in tank excavation backfill must be determined. Version 1.0 can only be used when groundwater is below bottom of tank. Version 1.0W must be used when groundwater is above bottom of tank. Acoustic sensor must be calibrated before each test in accordance with manufacturer's http://www.nnmglrle.org/evais/triangle environmental c.html 1/2 10/17/2014 Triangle Ernironmental, Inc. C instructions. When using Version 1.0W, Triangle TEI System 5000 Water Sensor or Estabrook EZ-3 Conductivity Water Sensor must be calibrated before each test in accordance with manufacturer's instructions. Comments Manifolded tank systems must be isolated prior to best Evaluated using unleaded gasoline. Microphone was 24 feet away from the leak source during evaluation. Headphones are used during test to listen for air ingress signal. Noise signals are tape recorded rather that recording the noise levels in decibels. Vacuum test method may not be effective in some tank excavation backfill (such as day) because it may plug holes in tank. If soil is saturated with product, air or water ingress may not be detected by vacuum test. A well point in tank excavation backfill may help identify presence of this condition. Triangle Environmental, Inc. 730 North Mariposa St. Burbank, CA 91506 Tel: (800) 767-6004 Evaluator: United States Testing Company Tel: (213) 723-7181 Date of Evaluation: 02/04/93 Evaluator: Ken Wilcox Associates Tel: (816) 443-2494 Date of Evaluation: 01/20/98 I Home 1 Vendors: A - F I Vendors: G- M I Vendors: N- S I Vendors: T- Z I Method Index I Glossary I Appearance on this list is not to be construed as an endorsement by any regulatory agency nor is it any guarantee of the performance of the method or equipment Equipment should be installed and operated in accordance with all applicable laws and regulations. For full details, please refer to our expanded "DISCLAIMER" page. http:/Mwwnwglde.org/mals/triangle ernironmertal c.htrri 212 1(7 1., Triangle Enrironmental, Inc. B INIP Issue Date: November 22,1995 Revision Date: December 6, 2002 Certification Leak Threshold Appficabifity Tank Capacity Waiting Time Test Period Test Pressure Temperature Groundwater Calibration Comments Triangle Environmental, Inc. TEI page Test, Version 1.0 (Vacuum Test) PLN-VOLUMETRIC TANK TIGtfEP S TEST METHOD (LLLAGE) Leak rate of 0.1 gph with PD = 100% and PFA = 0%. A tank system should not be declared tight when an increase in the acoustic noise level (above background) of the tank under vacuum is detected due to air or water ingress. Gasoline, diesel, aviation fuel, fuel oil #4. Other liquids may be tested after consultation with the manufacturer. Maximum ullage volume is 15,000 gallons. Microphone should be located within 24 feet of all points within the ullage. None if test is conducted after the under filled tank test. Minimum of 1 minute. There must be no dispensing or delivery during test. Vacuum of 1 psi must be maintained in ullage. If vacuum cannot be maintained, see manufacturer's instructions. Acoustic signal is independent of product temperature. Depth to the groundwater in tank excavation backfill must be determined. If groundwater is above product level, vacuum must be adequate to detect an ingress of groundwater. Sensors must be calibrated before each test in accordance with manufacturer's instructions. Manifolded tank systems must be isolated prior to test. Evaluated using unleaded gasoline. Tests only ullage portion of tank. Product -filled portion of tank must be tested using an underfill test method. Microphone was 24 feet awayfrom the leak source during evaluation. Headphones are used during test to listen for the signal of air ingress. Noise signals are tape recorded (not digitally recorded). Test method may not be effective in some lank excavation backfill (such as clay) because it may plug holes in tank. If soil is saturated with product, air or water ingress may not be declared by vacuum best. A well point in tank excavation backfill may help identify presence of this condition Triangle Environmental, Inc. 730 North Mariposa St. Burbank, CA 91506 Tel: (800) 767-6004 Evaluator: United States Testing Co. Inc. Tel: (213) 723-7181 Date of Evaluation: 05/05/93 http://wmv.mrglde.org/evals/triangle enrironmentalb.htrri 1/2 VALLEY TANK TESTING REFERENCES PROJECT: ENV 15-01:PST Mr. Jason Harris BUC-EE'S LTD. 327 FM 2004 Road Lake Jackson, TX 77566 Phone: (979) 238-6311 Jason.harris c(D.buc-ee's.com Services provided: UST system compliance and emergent testing since 2004. Ms. Heather Gilmore CIRCLE K STORES INC. 25 West Cedar Street, Suite 100 Pensacola, FL 32502 Phone: (850) 549-2879 hailmoreecirclek.com Services provided: UST system compliance and emergent testing since 2004. Mr. Brad Weinischke MURPHY OIL USA 422 North Washington El Dorado, AR 71730 Phone: (870) 875-7610 Brad.weinischkeem urphvusa. com Services provided: UST system compliance and emergent testing since 2007. Ms. Deanna Brown RACETRAC 3225 Cumberland Boulevard, Suite 100 Atlanta, GA 30339 Phone: (770) 431-7600 debrown a(racetrac.com Services provided: UST system compliance and emergent testing since 2010. Ms. Mary Ann Hatch ELECTRONIC RECERTIFICATION IN.0 1666 SW Duclair Avenue Port St. Lucie, FL 34953 Phone: (772) 538-8692 eriebellsouth.net Services provided: UST system testing and maintenance since 2005. City of Fort Worth Invitation to Bid 2.6 SUBCONTRACTORS INFORMATION AND QUALIFICATIONS Complete the following table listing each subcontractor and their proposed task associated with this contract. Subcontractor's Name Proposed Task Ok If subcontractors are to be utilized, the following information should be submitted for EACH subcontractor. 2.6.1 Subcontractor Information Provide subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. 2.6.2 Subcontractor Qualifications Provide a brief description of the subcontractor's qualifications to perform the proposed tasks. INCLUDE ALL INFORMATION/DOCUMENTATION REQUIRED IN SECTION 2.6 FOLLOWING THIS PAGE BOUND WITHIN THE BID SUBMITTAL ENV 15-01: PST 2-8 October 30, 2014 City of Fort Worth Invitation to Bid 2.7 BONDS 2.7.1 Bidder's Bond Bids must be accompanied by a bidder's bond in the amount of 5% of the total bid estimate. 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 bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.7.2 Payment and Performance Bonds Before beginning work on any Public Works Contract as defined in TX. Loc. Gov't. Code Section 2253„ the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 2.7.3 Requirements for Sureties The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. INCLUDE CASHIER'S CHECK OR BIDDER'S BOND FOLLOWING THIS PAGE. ENV 15-01: PST 2-9 October 30, 2014 IL kJ isa. "die -.1 7 Bank of America .C4ACiliff*Va; C4674 (bit Cbtarli .ttliipia4d Of otatitiiwiiniituitninkao 901*, be'rectetirid *kir 0,41soditatt."14 Oicdc thi14b negoiatoftdzIet Ott FffillHAWK "- - .." • • Cashier's Check No. 1599800813 yoid:e*r 90 bays.' ".' :394/1140 Date 10/21/14 02:26:‘56. ,is • ' - ' • ' : • -• dayi:!: • :• !:.; • ; •, , • , , • 3 . 7.1 , . , • 4 , • ••• ,•• ,,•••• 0006 ' • " 9928 1 • • ''" • ; • • • • • • tts - • • ' - " BANK OF . • - . . PaY. , ,‘ : . ANIERICk CTS - . . ***S653.15 : ,r1.2 ''"`.:,:. :.:.••• ; ,, W t ,,-, • , . . ,. . ' '< ', . • ' ' ;, ', ' : .,:' . 176'ille' THE CITY OF FORT WORTH Order Or . • - . . A , : 1 1 1 1 RetnItter (Pin:ChasCiltlY); VALLEY TANK TESTING Bank of America, N.A. SAN ANTONIO, TX . - — AUTHORIZED SIGNATURE rim 15998008 / 31111 140000 /91: 00 164 /00 19 ? • THE ORIGINAL DOCUMENT HAS A REFLECTIVE WATERIVIARK ON THE BACK. • HOLD AT AN ANGLE TO VIEW WHEN CHECKING THE EmnansFarasra_ ft) City of Fort Worth Invitation to Bid 2.8 BUSINESS DIVERSITY ENTERPRISE (BDE) I ITIL.IZATION REQUIREMENTS BDE participation is not required for this contract. 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 your 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 shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being considered non -responsive. 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: State your business address in the adjacent space provided if you are a Texas Resident Bidder: State your business address in the adjacent space provided if you are a Nonresident Bidder: VALLEY TANK TESTING LLC 2827 Wroxton Street Houston, TX 77005 *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 • 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 • has at least one employee who works in the Texas office. Statement of Residency Form (Section 2.9) prepared by::. Paul J. Kane Operations Manager Printed Name Title Signature October 20, 2014 Date ENV 15-01: PST 2-10 October 30, 2014 City of Fort Worth Invitation to Bid 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. Contractor agrees that Contractor, its employees, officers, agents, 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 Contractor, its employees, officers, agents, or subcontractors herein. CONTRACTOR: Signature Rau 1 J. Kurl Name Date 0RAOorls E 14n,t er Title 1 J VA Hey fanK TeStin� LV. Compan/ lo) J?OP ENV 15-01: PST 2-11 October 30, 2014 City of Fort Worth Invitation to Bid 2.11 INSURANCE CERTIFICATES The successful provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the provider shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the provider submit its entire policy for inspection. a) Insurance coverage and limits: Provider shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the contract: 1. Commercial General Liability o $1,000,000 each occurrence o $2,000,000 aggregate Coverage shall include but not be limited to the following: premises/operations, independent contractors, products/ completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current insurance Services Office (ISO) policy. 2. Automobile Liability o $1,000,000 each accident on a combined single limit basis Split limits are acceptable if limits are at least: o $250,000 Bodily Injury per person / o $500,000 Bodily Injury per accident / o $100,000 Property Damage A commercial business auto policy shall provide coverage on "any auto," defined as autos owned, hired and non -owned during the course of this project. The named insured and employees of contractor shall be covered under this policy. Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be induded under this policy. 3. Worker's Compensation Statutory limits Employer's liability o $100,000 each accident/occurrence o $100,000 Disease - each employee o $500,000 Disease - policy limit Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.), and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. ENV 15-01: PST 2-12 October 30, 2014 Es s+ s I, NMI City of Fort Worth Invitation to Bid 4. Environmental Impairment Liability and/or Pollution Liability o $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in item 1 above; or, such insurance shall be provided under a separate policy or policies. 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 provider has obtained all required insurance shall be delivered to the City prior to provider proceeding with the contract. 1. The certificate of insurance shall document the City of Fort Worth, its Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception... the additional insured requirement does not apply to Workers' Compensation policies 2. The certificate of insurance shall provide thirty days (30) notice of cancellation or non -renewal. Example: 'This insurance shall not be canceled, limited in scope or coverage, cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. 3. The certificate shall be signed by an agent authorized to bond coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City of Fort Worth. 5. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims - made basis, the retroactive date shall be coincident with or prior to ENV 15-01: PST 2-13 October 30, 2014 Citr of Fort Worth Invitation to Bid the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which nullify the required lines of coverage, nor decrease the limits of said coverages unless such endorsements are approved in writing by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the Risk Management Division of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City's Risk Management Division 11. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (90) days. 12. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of this contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 13. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance ENV 15-01: PST 2-14 October 30, 2014 t i City of Fort Worth 1 Mt III MIN Invitation to Bid requirements. 14. 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 provider's overhead. Subcontractors to the provider shall be required by the provider to maintain the same or reasonably equivalent insurance coverage as required for the provider. When subcontractors maintain insurance coverage, provider 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 provider of the contract. FOR PURPOSES OF EVALUATING THIS SUBMITTAL, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE WITHIN THE BID PACKAGE. 2.12 CONTRACTOR'S RESPONSIBILITIES Contractor is responsible for becoming familiar with the character, quality, quantity of work to be performed, materials and equipment required. 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, unless otherwise specified in this Invitation to Bid. All costs associated with preparing a bid in response to the solicitation shall be borne by the bidder. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. CONTRACTOR: iS gnafure Ott Icy TanK Testini Company tau 1 . Kane- ID 1mi aof Name Date ' 0 ations M tnager Title ENV 15-01: PST 2-15 October 30, 2014