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Contract 29970
CITY SECRETARY CONTRACT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND UNIFIED SERVICES OF TEXAS, INC. PROJECT DEM 04-06-.PST FOR PETROLEUM STORAGE TAMC TESTING AND STAGE II COMPLIANCE TESTING ANNUAL CONTRACT APRIL 2004 pill R'he City of Fort Worth, its officers, agents, employees, representatives _ and volunteers are named as additional insured on the above general liability & auto policies and in favor of waiver of subrogation on the above general liability, auto and workers comp policies if required by written "insured contract" as per C00001(1001) . 30 days notice of cancellation applies with 10 days notice .for nonpay of premium. A+Cl7RD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(` OM-r"I umlrI-1 05/06/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Honroe Insurance Agen HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 204 Billings Suite #110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington TX 76010 Phone: 917-640-5035 Fax:817-640-0131 INSURERS AFFORDING COVERAGE NAIL# INSURER A Mid-Continent Casualty Co. INSURER 0 Interstate Fire & Casualty MarsshallSRRyaanicea of Texas, Inc INSURER C Oklahoma surety Company I 2220 Greenbriar Ir TTERD Awexicm arEeratate ms. co Southlake TX 76092 INSURER E The Hartford- COVERAGES THE POLICIES OF INSUPANCE LISTED BELOW HAVE SEEN ISSI"TO T!IE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTVVtTHSTNVNG ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLIMIENI WITH RESPECT TO WHICH THIS CERTIFCATE MAY 8E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES Dii SC;418ED HEREIN IS SUBJECT TO ALL.TIC-TER41S.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE L IMTTS SHOWN MAY HAVE BEEN REDUCED BY PAIL]CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER DATE MMMNYY) DATE IMWDOMTJ L&M G8ICRAL U BLITY EACH I CTCCLRRENCE $ 11000,000 A X COMMERCIAL GaR LOBILITY 04GL53EI955 02/24/04 02/24/05 PREAISES(Ea occw9n:eI V100,000. CLAIMS MADE ®DCt7JR MED EXP Imo!are PSI f Excluded X Professioaal Liab PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE !x 2,000,000 GENT AGGREC-ATE LIMIT APPLIES PER PRODUCTS-COWIOP AGG i$2,000,000 X POLICY PPRC LOC — AUTOMOSILE LIABILITY COM8INF7OSINGLE LYMIT # 1,000,.000 C XIr ANY ALITO 06Tx2903548 02/24/04 02/24/05 (EsOc"ell ALL OWNED AUTOS BODILY INJURY S SCHEOLLEO AUTOS (Per W—) HIRED AUTOS ROCILY INJURY NON-OWNED W1TOS (Per ecridentl PROPERTY DAMAGE s (Per accid"� GARAGE LIABtLTTY AUTO OHEN.Y-EA ACCIDENT S ANY AUTO OTR TITAN EA ACC 5 ALTTOONEY AGG S EXCESSAIMBRELLA L KB LTTY EACH OCCURRENCE $5,000,000 B X OCCUR EICLAIMSMADE 1UM01605503 02/24/04 02/24/05 AGGREGATE S rs,000,000 S DEDUCTIBLE S X RETENTION $5,000 S WOFO(ERS COIAPENS MM AND X TORY iIMITS I ER EMPLOYERS'LLABRFi!' ANY PROPRIETORIPARTNEREWCUTIVE WCTX1262652004 03/29/04 03/211/05 E,L.EACH ACCTUENT :2,000,000 OFyyF6eI55�EXCLUDED? E,L DISEASE-EA EMPLOYEE S 1,000,000 LMA PROVisIONT Sbelow E.L.DISEASE-POLICY LIMIT $1,000,000 077iER A Leased/Rented Eau 01IM1056 02/24/04 02/24/05 rtm285000 loc285,OO E Property 46SBABC7052 02/24/04 02/24/05 1 bld230000 con181000 DESCWMN OF OPERATIONS I LOCATKM I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMEW T SPECIAL PROVISIONS Project #: DEM4-06 PST. Pollution is included in General Liability. **See notes for additional information** CERTIFICATE HOLDER CANCELLATION Cd/FTK02 SWXILD ARTY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED®EFORE THE EXPI RATA DATE THEREOF,THE ISSUING WMAER PALL ENDEAVOR TO MAL 20 DAYS WRrM City of Fort Worth NOTN--E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SEAL I)ep t of Envi r. Mgt Admin. POSE ND OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSLKIER ITS AGENTS OR 90B Monroe St, 7th Floor Fort Worth TX 715102-6311 t SEXTATNES. w STATE OF TEXAS § r § § COUNTIES OF`I'ARRANT § AND DENTON § e• CONTRACT FOR TESTING PETROLEUM STORAGE TANK INTEGRITY AND STAGE H COMPLIANCE BETWEEN THE CITY OF FORT WORTH AND UNIFIED SERVICES OF TEXAS,INC. This agreement is entered into by and between the City of Fort Worth, a home-vale municipality located within Tan-ant and Denton Counties, Texas, acting through Charles Boswell, its duly authorized assistant city anagger ("City"), and Unified Services of Texas, Inc., a Texas corporation, acting through ] '' , its duly authorized president/vice- president("Contractor's. ' s WHEREAS, the Cit�desires to hire a professional firm knowledgeable and experienced in Petroleum Storage Tank Integrity Testing and Stage 11 System Compliance;and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such testing: WITNESSETH: w NOW,THEREFORE, in consideration of the mutual pronnses and benefits of this Contract, the City and the Contractor agree as follows_ a AtRTICT.E L DEFINITIONS In this contract,the following words and phrases shall be defined as follows: City's Representative means the Director of Environmental Management or his designee. Contract Documents means the Proposal Document DEM04-06:PST, Project Drawings, Specifications, and this contract. If there is a conflict between the Proposal Document and the contract,the contractual terms shall prevail. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. rq IM Cmwv0fvrPerdleum&amge To*Imegney Testing raid.Fm Sriv Compliance rest mg between rhe City ofFort Wwihand Uneled5ervicesofTeras,Inc.erpO4.26.Ddvt r r Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or " otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the petroleum storage tannic system, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources, b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells resulting from any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local govenunental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder; and IWO C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b)herein. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees,judgments,and orders relating to the protection of human health or the environment,including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, V groundwater, storm water, 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 pop Contrast for Petroleum Pornge Trak Integrity Tesung and Page Stage HComplMnrce 2-a ng between rhe Ctry of Fon WoHh and Unified Services of Texas Inc;erpd4l26.04vl b, All requirements pertaining to the protection of the health and safety of employees or the public_ Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes.future invoices to be paid_ Proposal Documents means Request For Proposal DEM04-06:PST and all ancillary documents required to be submitted with the proposal. Subcontract means a contract between the Contractor for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. Task Order means a document issued by the City describing the scope of Contractor services,scope of City services, specifications and drawings & data. n ARTICLE 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall fiumish all labor, materials, and equipment necessary for the integrity testing of petroleum storage tanks (PSTs) owned andlor operated by the City, and the performance of annual Stage H compliance testing on all appropriate tanks as directed by the City. Contractor shall notify all applicable agencies of the City's intent to test, obtain all necessary permits to test PST systems, test the integrity of the PST system, test the Stage ll pressure decay on appropriate systems, perform minor repairs to PST systems to ensure a compliant test and report all results in writing to the City of Fort Worth. B. Contractor agrees that it shall not assign, delegate, or subcontract any of the work described in this agreement without first obtaining express written approval to do so from City. Contractor Shall remain fully responsible for the satisfactory performance of such work and shall remain fully bound by the terms of this agreement. City shall have the right to approve or reject all subcontractors retained by Contractor to perform services under this agreement. C. All of the tasks and/or subtasks required to complete individual projects will be shown on a Task Order or Task Orders,agreed to separately by the parties, D. Contractor agrees to perform the work in accordance with the Final Specifications, Project Schedules, Requests for Proposals (as attached), and Task Orders; and., Contractor further agrees to provide the City with an update of each Project Schedule each month showing the work planned for each respective month,and all work accomplished to date. E_ Contractor certifies that it has and will maintain during the term of this agreement, current and appropriate federal, state, and local licenses and permits to allow PST testing and repair P. Conrnxn forAlmleum Storage rank Inregrily 7kvmgand ,Page I A age II Campiggm—Tearing between rhe City of Farr Worth and Unrfred Services oJ'Aras,Inc rrp04.26.04vi w as required by the agreement. Contractor further certifies that any and all subcontractors employed on this project shall have and will maintain during the term of this agreement, current and appropriate federal, state, and local licenses and permits to allow PST testing and repair as required by the agreement. F. All Contract and Proposal Documents are hereby incorporated into and made a part of this agreement. ARTICLE 3_ SCOPE OF CITY SERVICES The City agrees to perforin the following services: A. Designate a City representative to provide timely direction to the Contractor and render City decisions. B. Coordinate with facilities,City departments,and any tenants for access to the site. C. Waive all City fees associated with integrity testing or pressure decay testing of City tanks under this contract. ARTICLE 4, TDvIES FOR TASK INITIATION AND COMPLETION;CONTRACT TERM. r A. Contractor agrees to begin work on each task within ten (10) days from the date of the issuance of a written task order. Upon receipt of the order, the Contractor shall develop a s project schedule and shall complete all phases of the work as delineated within that schedule. B. The term of this agreement shall be one (1) year from the date of its execution by all parties. City shall have the right to extend this agreement for up to two (2) consecutive one-year renewal terms, provided City and Contractor agree in writing at least thirty (30) days prior to the end of the initial or renewal term_ City may renew this agreement by the City Manager executing a renewal agreement and City Council appropriating the funds, provided, however, the term of this contract shall be extended for such period of time as I, may be necessary for the Contractor to complete any work that is in progress. All renewals shall have the same terms, conditions and fees as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this agreement. V9 1P Comic for Pwoleunr Slorw llff*Inregnfty Tesrrng mad Page d PM $lW 9 Comphmrte Tesrahg Urweerr the City of Farr Worth and UneftedSmicesofrexas,Me.crpO4.26A4v1 r w ARTICLE S. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Contractor shall perforin all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of and the exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed .as creating a partnership or joint enterprise between City and.Contactor. w h ARTICLE 5. COMPENSATION .. A. In consideration for the work performed by Contractor wider this contract, City shall pay Contractor a total sum not to exceed $20,000.00, as agreed upon by both parties. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, updated Schedules of Payment and the Deliverable Document for each task completed, for all uncontested or undisputed bills. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion vdIl be paid. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. B. `I'he City will not be liable for any Contractor costs in excess of the Not-to-Exceed amount unless the City has signed and issued a formal Modification to the contract. C. At the end of each month that this contract is in effect, Contractor shall provide City a written report detailing the total amount paid to date, any retainage held by the City, and an itemized list of work in progress in order that the City can assess the need to amend this contract to provide for an increase in the maximum fee allowable. R D. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor is caused by City's failure to provide information, if any, which it is required to provide under this agreement. When extra compensation is claimed, a written itemized statement detailing any and all justifications for delays incurred shall be presented to the City_ F COW,Oa for Perral""Storage rm*Inrngriry Teamg.OW page's Sorge fl Complimn a Tevmg between the Ory of Forr Worth and Clnird Servrces of Terns,Inc,crp04.76.04v1 go r ARTICLE 7. ENSURANCE REQUIREMENTS Contractor certifies that it has and will maintain during the term of this Contract, at least the .� following insurance covering the services to be performed: A. Commercial General Liabiili Insurance - $1,000.000 each occurrence and n $2,000,000 aggregate. B. Professional Liabilily Insurance: (i.e.Errors and Onunissions Liability Insurance) $1,040,000 each ocurrrence. C. Automobile Liability Insurance- Coverage on vehicles involved in the work performed under this contract: 4P 1 • $1,000,000 per accident on a combined single limit basis P or: • $500,000 Bodily injury/person • $250,000 Property damage $2,000,000 Aggregate D. Worker's Compensation- Statutory kraits for Worker's Compensation plus employer's liability at a minimum: • $100,000 each accident; On • $500,000 disease -policy limit; and $100,000 disease-each employee. E. Environmental Impairment Liability MIL] and/or Pollution Liability - $1,000,000 per occurrence. EEL coverage(s) must be included in policies listed in Items A and B 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 project shall be included under the Automobile Liability insurance or other policy(s). F. NOTE: BETWEEN A AND F ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, r ASSOCIATED WITH THE SERVICES AND OPERATIONS contmo forPerra"in Storage rook Integrio;'re a M& Poge 6 &affl NCompl==7knmg between the Cory of Fon Worth and Unified.SeruieergfFarus,Inc.erp04_M04v1 Ke w PERFORMED UNDER THIS CONTRACT SHALL BE COVERED IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS. CLEAN-UP COSTS SHALL ALSO BE COVERED. G. The following shall pertain to all applicable policies of insurance listed above, and shall be annotated accordingly: M "1. Each insurance policy required by this Contract, except for Workers' Compensation insurance and professional liability insurance policies shall be endorsed with the following Additional Insured Endorsement: `The City of Fort Worth, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of, the named insured, performed under contract with the City of Fort Worth_' Reasonably equivalent terms may be acceptable at the sole discretion of the City of Fort Worth, and upon prior approval. ''2. Subcontractors shall be covered under the Provider's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Provider prior to the commencement of work and the Provider shall deliver such to the City. 4(3. Prior to commencing work under the contract, the Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 6(4. Each insurance policy required by this contract shall contain the following T� clause or reasonably equivalent terms: `This insurance policy shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written I notice has been given to the Director of Environmental Management_ City of Fort Worth, 1000 Throckmorton,Fort Worth, TX 76102-631 L' "5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager for the City of Fort Worth. The City's standard is an A. M. Best Key rating A:VI1_ "6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; ' Contr=fimPetraletoa Storage To*Inte&vyTeriing mrd Page 7 Rage It Compliance Tasting between the City of Fon Worth amid Unified Services of Tsues.Inc_crpO4.16_04vI 1 r and, in lieu of traditional insurance, alternative coverage maintained through .• insurance pools or risk retention groups roust be also approved." "T The Contractor's Workers'Compensation Insurance policy shall be endorsed with a waiver of subrogation in favor of the City of Fort Worth." ARTICLE 8. INDEMNIFICATION I A. General Indemnification: CONTRACTOR DOES HEREBY RELEASE,INDEMNIFY, REIl4BURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR ,. DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. 13. Environmental, Indemnification; CONTRACTOR DOES HEREBY RELEASE, r INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE PETROLEUM STORAGE TANK INTEGRITY TESTING AND STAGE H COMPLIANCE TESTING UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. The obdgations of the Contractor under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments,penalties or other sums due against such indemnified persons. D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder * to indemnify,the City shall provide Contractor with reasonably timely notice of same. Conroe for Petra--4m&omse To*kk rafy TeVmg and Page 8 r &qge llComplmwe 7"estbeg between$he City afForr Worrh Th ant Unefred&rvKes ofTeriu,lnr.erp&.2&04vd A E. The obligations of the Contractor under this paragraph shall survive the expiration of this agreement and the discharge of all other obligations owed by the parties to each other I hereunder. F. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this Article. G. In the event that a written claim for damages against Contractor or an of its g g y subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection., final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettled at the expiration of the said thirty-day period, the Contractor may be deemed by the City Manager to be entitled to a serni-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. ■ 3. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. if condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. Cmmcr for Pe"team Storage Tank 6uegn*Tearmg and Page 9 t� Stage 11 Complimme resting between the CO of Fart Worgi mrd Unified Serwces of Texas.Inc.crpO4.26.04v1 ARTICLE 9. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by petroleum storage tanks testing and r repair. Contractor further warrants that it will perform all services under this agreement in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. ARTICLE 10. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this contract and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of seances under this contract. B. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract_ ARTICLE 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises from causes beyond the control and without the fault or .. negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fixes, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. S_ If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs,and Contractor shall reimburse City for such excess costs without delay. C. If at any time during the term of this agreement the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this agreement to the satisfaction of City within ten days after written notification C'mirau forPerrodewn Staroo Tank Integrity 7eorg and Par 10 Skgge a Compdima<xe'rtWMgbetween the CadyrafFort{Porth and Unified Services offer.Inc.erp04.26.O4v1 PW shall result in termination of this contract. All costs and attorneys fees incurred by City lin the enforcement of any provision of this agreement shall be paid by Contractor. D. The remedies provided for herein are in addition to any other remedies available to City r elsewhere in this contract. ARTICLE 12. TERMNATION A. City may terminate this contract without cause by giving thirty (30) days written notice to Contractor,provided that such termination shall be without prejudice to any other remedy the City may have_ In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. PP B. If the City terminates this contract under Subparagraph A of this Article City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this contract shall become the property of the City when the contract is terminated, and may be used by the City in any.manner it desires, provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested.. D. In the event either party defaults in the performance of any of its obligations under this contract, misrepresents to the other a material fact,,or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. �- The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract shall terminate as of the date provided in the notice of default. ARTICLE 13. *� MODIFICATION No modification of this agreement shall be binding on Contractor or the City unless set out Ir in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable docurnettt(s), and schedule of payments. P Cowracrf-Petroleum Siorogs Tarek L-grlry Testing reed ;. y Page d 1 Stage fl Complwnce Terfrng betwern the Ciry of Fori Worth raid Unified Services of Tkum.frit.crpp9,245_040 r i ARTICLE 14. P RIGHT TO AUDIT A. Contractor agrees that the City slidll, until the expiration of three (3) years after firfal payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access r+ during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Article. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents,papers and records of such �. subcontractor, involving transactions to the subcontract, and ftuther, that the City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the .� provisions of this Article. City shall give subcontractor reasonable advance notice of intended audits. FP C. Contractor and subcontractor agree to photocopy such docurnents as may be requested by the City. The City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time r copying is performed ARTICLE 15. NDN-DISCRIlVI NATTDN A. During the performance of this contract, Contractor agrees not to discriminate against any PRO employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. 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. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Cantr—jorPetrole-Storage T---Integrity Tesi wg and Page 12 Stage 17 cooviwxe rating hetween the Cq of Fort Worth and Unified Semites of Texas,Inc.rrpO4.26.04v d V, brit .. •I�it I _. r r ARTICLE I G. r GOVERNING LAW The City and Contractor agree that the laws of the State of Texas shall govern the validity and construction of this contract,except where preempted by federal law. r ARTICLE 17. r SEVERABILITY The provisions of this agreement are severable; and if for any reason any one or more of A the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. ARTICLE 18. W RIGHT'S AND REMEDIES NOT WANED In no event shall the making by the City of any payment to Contractor constitute or be r„ construed as a waiver by the City of any breach of covenant, or any default which may then exist, I on the part of Contractor,and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with �. respect to such breach or default. Any waiver by either party of any provision or condition of the agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. ARTICLE 19. r VENUE Should any action, real or asserted, at law or in equity, arise out of the tenns and conditions of this contract, venue for said action shall lie in Tarrant County,Texas. ARTICLE 20. +r NOTICES Notices required to be made under this contract shall be sent to the following persons at the following addresses-, provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: Cant=r1orPetrm1euntSevrWTm&1ntegryAstmgm;d F !� r Stage 11 Compf mce rffmg between the Cay of Fart Worrh end Unified Services of Tsxos,Inc.crpO4.26.061 r If to City: r■ Written notice shall be seat to: Brian. Boerner, Director r Department of Environmental Management 1008 Throckmorton Fort Worth, Texas 76102 If to the Contractor: Marshall D. Ryan, President Unified Services of Texas, Inc. r, 2110 Greenbriar Drive Svuthlake, TA 75092 ARTICLE 21. ENTLRETY This agreement, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this agreement or any part thereof shall have any validity or bind any of the parties hereto_ �. ARTICLE 22. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this agreement without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any r officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor_ ARTICLE 23. AUTHORIZATION ►' The undersigned officer and/or agents of the parties .hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Contrucr jar Permkwn:r*m%r Tar&Integrity Testing mer! Page 14 Stage II Comp4ano?Te=ghenueen rhe city of Fan Waith and Unified Services ofTexns,Inc,crpO4.26,00I N r A IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. fi r City of Fort Worth UNITED SERVICES OF TEXAS, INC. les Boswell,Assistant City Manager Pr ident ar ice Presid nt APPROVED AS TO FORM WITNESS: AssistanY City AttornRf Name: 94 C ,Fr Title: +G i�]E►- ATTEST: CORPORATE SEAL: r � r Syl ` Giover, Acting City Secretary r' Contract AUthoriantiox Date G Crp44.26.07 1R Conrract for Petroleum Storage Tmjk Integrity Testing wul ? = ' Page I 1 : - r Srage Lf Compliance Testm�g between the City afForr 6Yorrh ►. Iand Unified Services of Texas.Inc.crp04.26.04v1 r CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A- Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No- DEM04- 06:PST Unified Services of Texas, Inc. l By: Title D ate STATE OF TEXAS § COUNTY OF TARRANT Before me the undersigned authority, on this day personally appeared l l ) known to me to be the person whose name is subscribed to the foregoing instrume t, and acknowledged to me that he executed the same as the act and deed of t vi Co'p J � ey,0 c o;,, ._ . - . for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 203�- SARAH HARTPM Aa't._.L -.a -tet- -7._ Notary Public,State of Tex Notary Public in and for the State of My Commission Expires 09.18.2049 Texas CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions. 1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TVVCC-82, 7WCC-83, or TVVCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §408.090)- includes all persons or entities performing all or part of the services the contractor has undertaken to perforin on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without [imitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services'' include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1 Provide coverage, based on proper reporting on classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.} A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5 Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7 Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Serf-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Workers Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes; "REQUIRE❑ WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This incfudes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". PROPOSAL PACKAGE CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 FoRTWORTH _ PROJECT: (DEM04-06: PST) li PETROLEUM STORAGE TANK TESTING AND I STAGE If COMPLIANCE TESTING ANN-UAL CONTRACT 1 January 29, 2004 1 1P I I TABLE OF CONTENTS l 1.0 REQUEST FOR PROPOSAL I 1.1 Scope of Work 1.2 General Requirements 1.3 Interpretation of Documents 1.4 Conflicts and Questions 1.5 Proposal Submitta.Js 1.6 Opening of Proposals 1.7 Proposal Evaluation Criteria l 1..8 Contract Time 1.9 Negotiation of the Contract and Exceptions to the Documents 1.10 Award of the Contract 1.11 Reservations k 2.0 PROPOSAL DOCUMENTS 2.1 Proposal.Document Checklist 2.2 Acknowledgment of Receipt of Addenda 2.3 Bonds 2.4 Proposal Summary ,,•, 2.5 Technology Description 2.6 Cost Estimate 2.7 Qualifications of Provider 2.8 List of Subcontractors 2.9 Vendor's Compliance to State Law 2.10 Insurance Certificates 2.11 Vendor's License&Certificates 2.12 Vendor's Legal and Compliance History 2.13 Health and Safety Program I� Table-1 i LQ REQUEST FOR PROPOSALS 1.1 F.HO ECI D.ESC'RCFTION: Proposals are being accepted by the City of Fort Worth ("City") to famish all labor, materials and equipment necessary to perform the required testing of petroleum storage tanks owned or operated by the City of Fort Worth and the performance of required Stage If Compliance Testing on all applicable tanks I THERE WILL BE NO GUARANTEED MINL)4LTM WORK UNDER ANY CONTRACT AWARDED. 1.2 GEh ERAt,REQI[IR :ME NTS: �. All Contractors will be required to comply with provision 5159(x)of'Vernas Annotated Civil Statutes of the State of Texas"with respect to the payment of prevailing wage rates. All Contractors must comply with City Ordinance 7278 as amended by City Ordirmce 7400 (Fort Worth City Code Sections 17-66 to 17-67)prohibiting discrimination in employment practices. ! The City of Fort Worth has goals for the participation of minority and women business enterprises (M(WBE)in City contracts. For a Proposal which exceeds 1925,000 to be considered responsive,a (M/WBE)compliance statement roust be submitted as one of the Proposal Documents. . The expected not-to-exceed amount for this Contract will be $20,000 per year which is below the 525,000 threshold mquhing a Minority and Women Business Enterprises (MIWBE) Participation Goal. There is no MIWBE Goal for this Project. 1.3 No pre-proposal meeting is scheduied for this project. All requests for an interpretation of the Request for Proposal must be made in writing and submitted to the Department of Environmental Management, by either fax or mail, at any time up to two(2) calendar days prior to the time of the opening of Proposals_ The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City as a formal addendum will issue any interpretation of the Proposal Documents. The City wy7l attempt to fax a copy of each addendum to each person receiving a Proposal Package. All addenda must be submitted with the Proposal in section 2.2. The City will not be responsible for any other exp1matirms or interpretations. It is the responder's obligation to determine if addenda have been issued prior to the time for submitting the Request for Proposal.. w z-z E 6 r. 1.4 -ONMCTT,S,4rSiC SD1S NS Should there be conflicts between the Proposal documents and the final executed contract document, the final contract shall take precedence. Questions regarding this Request for Proposal should be directed in writing immediately to: W Roger S. Grantham Environmental Program Manager t Department of Environmental Management A, City of Fort Worth 1000 Throckmorton Street Fort Worth,TX, 76102-6311 Phone (8l 7)392-8504 Fax (817)392-6359 13 o2rr.GnnLhana(WfhrLaQz 1?c°v�� 1.5 . The Proposals will be opened privately within the.Council Chambers and read aloud at 2:00 PM on February 19,2004. Each Contractor must submit ONE original and DYQ bound copies of the Proposal for all item to M" complete the project or the entire Proposal may be considered hon-res onsive and re iected. In case of ambiguity or Lack of clarity, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. Proposal documents,drawings, and specifications may be obtained at the City of Fort Wortb,Department of Environmental ManagemeW s web site. The URL address is: a Proposals must be submitted in a sealed envelope, addressed to and received at the City of Fort Worth, Pu rebasing Division, 1000 Throckmorton,Fort Worth,Texas, 76102,no later than 1:30 p.m. on February 19,2004. •.e Tlae Proposal Documents submitted in accordance with this Request for Proposal shall remain valid for sixty(60)days ager the due date. The project number must be clearly marked on the envelope. Any Proposal Documents not properly marked or not received in the proper place by the proper time will he considered nnn- e r NO FAXED PROPOSALS WILL BE ACCEPTED 1-2 d ru 1..6 PROPOSAL FXATIIA3aWLJCRET_ERIA-. Proposals will be evaluated by qualitative measures and will be weighted as follows: FACTOR MAXIMUM WEIGHT Technology description 25 pow Cost Estimate 40 points Provider's Experience and Qualifications 15 points Provider's work history with the City 5 points Provider's legal and compliance history 10 point~. Qmrty of snh-CnztEactors TOTAL 100 paints NOTE: Any of the above factors maybe weighted as low as-20 points. The City will select the most higbly qualified Provider responding to the request based on the above f criteria. to The City may conduct such investigations as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and . other persons who are proposed to work an the project 1..7 CONTRAC.TTIMF- The successful Provider will be awarded One-Year Contract with two One-Year Options to Renew_ 1.8 NEG_0TIAJ IC1N OF TAE CONTRACTo The City will meet with the successful Provider and negotiate any fnal changes to the C ontmct and any exceptions identified in the Proposal Documents. The City is not obligated to accept any exceptions made by Provider. After the negotiations, the City will make final changes to the Contract documeats and issue the Contract Documents with Notice of Awards to the successful Provider. 1,9 AWARD OF THE CONTRACT- I" The City will send a Notice of Award letter to the successful Provider with three (3) sets of contract documents. The successful Provider 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 Provider with P9 a letter entitled Notice to Proceed. This letter authorizes work to begin and invoices to be paid. 1 1.11 SERYATTONS; The City reserves the right to reject any or all Proposals and waive any or all formalities. i 1-3 A � w I i 2.0 PROPOSAL DOCUMENTS r * *ALL PROPOSAL DOCUMENTS MUST BE SUBMITTED IN THE SANDE ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE. 1 . R *FAILURE TO SUBMIT ALL OF THE FOLLOWING ITEMS IN A I SEALED ENVELOPE MAY RESULT IN THE PROPOSAL BEING I CONSIDERED NON-RESPONSIVE. I i _ f . I II z-1 r I 2.1 PROPOSAI,T)f?[-'I7117ENT CTI7+'CkT.TSj All Proposal Documents, including this Checklist; must be completed m. full and submitted in a sealed envelope,in the requested order,or the Proposal may be considered as a non-responsive submittal. Prn?aeal nru nMtA nts Ini ial 4hjrhijetd - L PROPOSAL DOCUMENT CHECK LIST 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA 3, BONDS 4_. PROPOSAL SUMMARY 5. TECHNOLOGY DESCRIPTION 6, COST ESTIMATE 7. QVALIFICATIONS OF PROVIDER $. LIST OF SUBCONTRACTORS II 9. VENDOWS CONPLIANCE WITH STATE CAW _ i M INSURANCE CERTIFICATES 11, PROVIDER'S LICENSES&CWJUICATES 12. PROVIDER'S LEGAL.&COMPLIANCE HISTORY 13. IMALTH&SAFETY PROGRAM MANUALS I understand that failure to submit all of these items may cause my submittal to be considered responsive. . Name Mark Auer, Jr. Title Testing Manager # Company Umdfa.ed Serviced of Te-xas, Iuc. 2-2 NI i r s 2.2 ACKNOWLEDGEMENT OF RECEEPT OLE REQUEST FOR PROPOSAL ADDENRIM I 2.2.1 Check if applicable I The undersigned acknowledges the receipt of the following addendum(a) to the Request for Proposals, w, and has attached all addenda following this page. (Add lines if necessary). Addendum Number I ]February 3, 2004 (Date received) Addendum Number 2 (Date received) Addendum Dumber 3 `` (Date received) L. 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposals. 4 PROVIDER. ` Unified Services of Texas, Inc. BY: Mark suer, Jr Cempany Name (print or typ name of signatory} 2110 Greenbriar Drive aa Address (Signature) Southlake, TX 16092 Testing Manager City,State,Zip Title(print or type) L 1P 2-3 i f ADDENDUM TO: Interested Parties FROM: Roger Grantham, Program Manager Department of Environmental Management ©ATE: February 3, 2004 RE: Addendum #1 Annual Contract Petro�eum Storage Testing & Stage 11 Compliance Testing As of Monday, February 2, 2004, two questbns have been received concerning the bid specifications: I- Can you provbe information on size of and number of tanks, and number of Iocations? A. Currently there are approximately 56 fuel sites vvkh�n the Cty of Dort Worth. Of those, 18 sites have underground storage ranks. The underground storage tanks range +n size from 500 gallons to 25,000 gallons. The aboveground storage. tanks range in size from 500 gallons to 1.0,000 gallons. The city has one bulk aboveground storage tank that is approximately 126,000 galbns. The cty performs annual testing only on the underground storage tank sties. Of those sites Five (5) contain pressurized piping, four (4) have cathodic protectbn, and four (4) have annual Stage II testing. S. This contact is for annual testing as wel as, emergency testing.. l 2. Does the city currently use the Over-fill method or Under-fill method? A. Currently the city primarily uses Under fill method, hovvever; Ove still want cost estVnates on both. As a reminder, follow the instructions located in the proposal package and include the addendum in the proposal package as stated in the praposal instructions. f Additional questions vWl be accepted until February 17, 2044 in accordance with the speckaWn. { f� 1 . t 2.3 HONDS The Provider sball submit with its Proposal a Cashiers' Check or an acceptable Bidder' s Bond payable to the City of Fort Worth,in the amount of$1,000. The Bond is subject to forfeit in the event the successful Provider fads to execute the contract documents within ten. (10) days a8er the Contract has been awarded. ■ To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (.Circular 870), or(2) the surety must have capital and surplus equal to ten times the limit of the Bond. The surety must be licensed to do business in the State of Texas. The amount of the Bond shall not exceed the amount shown on the Treasury list or one-tenth(1110) the total capital and surplus for a non-Treasury List Surety. AYIACH CASHIER'S CHECK OR BIDDER'S BOND E"E BOUND WITHIN THE PROPOSAL PACKAGE. i I 2-4 l OnAHOMA SURETY COMPANY P. 4. BOX 1409 RUA, OKLAHOMA 74101 I BID BOND POP Unified Services of Texas, Inc. - iC,\[}R',CLI.1iE.l'BYI7iF,SF,f'RF:SE:\T5;TEaa[111c. ras Principal,and the 0KLAH0113A SURETY COMPAKY a inurpomfion nre:...wad:;nd car;zim r un+t4r[Sa lava+N thy'Sraar of Uklaltuma, and audrervrd co do b; mess in the Stale of Texas as`;ua'c1t;tit held and firmily Wwad uaun the City of Fort Worth _ as Ob I i gec. F. to:he.smauat of one Thousand and QQ110Q--—_---_... —_--__�.__-�--_ _�_� [ f7[yLLkiS_ r lawful money afthr l_nired Stutrs of Arlllrica.to the paymenI of %vItieh,um of c:t,�nn%V,!II.r;ul ir.;ly to h�ryaay.;Ile ss iJ Principal and Surely hind lhermehe5.their and earn of their heirs.e.cecuTovs.16lrYinsuccc..wors:uul;Lmign.;.I-,tnth.anti is'Ci ally.by these pFesrnt_s. TJ(E CG*Am'rIf3ti 0ri11S 08(-1c;,%T[01%'15 NIl:l3,u`ut.iI thefX,li!o.%:-r'l,sft{>.14%:ssy aw:rrr.I,I ll:r prinelpaI!or' Various Vocations in the City of Fart Worth-Testing r I 9t4otding to the loans nrthc prmposal nr bid madC iiy the?nnetpal the rcrnr.ani'Iltr pritrsilr,;l 6;t11 t.LJ.k mala=nd:ml cr in r,,a eonIram wiih thr 0hfige0 in ase(+rdwXe wttb lin wrm4 OfsaiLI prorKisal or bid and nward anti-halI px i hnr,il ftar a-:t I,n.Ill-al t,-'ttpi;mmer 1lierw4.-vn[lie OKLAHOMA SURETY COM as Stuely tar with other Stray'or 5ureaic5 approved by tilt,Utrfrsee;ar if dtt i'rirciN1 6;01.in tae-of 13rilur,:rn io da,dray to the 0hiiger thi damages which Me Obligre ma;su[Ter by reasor.of arch:aihuc nm exuvdir.g t,he penz;m%).'t.-j loom:- (!scn this ah1)L:mion thatl be null and Toad;osherw'ist i[shat l tit sad remain in full>lopcc and Qirect. SignCd.Sealed a:,td[741tt:::nt. 12th February 2GgA D+ _ Unified Services of Texas, Inc. t 'Priattpa! Ox 0�1. 5EiR1r �rOi ���i s�tl • l[Orn'cy din-l.rct-, l' r C �� �� 'tt l•: '�4 ~,'s r" a r l r �t3 4 WaAHOMASURETY COMPANY Tulsa, Oklahoma L� 7fnow.ail Men by thes presegts: That the OKLA OMA SURETY-COMPANY;a corporatiolq Df the State of{}leia3 ora�a >7a g its pnncipaL ofce m the city of Tulsa,Oklahoma,pursuant to the ollowmg By-Lave,which*as adopted by the Stockhoiders of the said Company,to wit: 5ectiou I0s Article iV "AU bonds-polipiesg,undertakings.or ether obligations of the:coWoratiou shall be executed in.flat co.rporate came of the �, Ctatnpany,by the Cbair 1 t n ohe Board..The Presidetxt, Secretiiy any Assistant Secretary;.T'-tePsprer .ar DAY Vice Presideut oi.by such other 4Lssistaxzt Secre officers.as the Board of Lhr9ctors may autlidn2e. The.Chairutarl of the Board;Ptes�desi,.oilyiee Pressen secretary,auy' tact'; of the Treasurer may a d ut;Agornoy4 iw.. t or Agents�wtia shall have authtirr to`fsssue bands,poltc;es,.vie iiihil rta lugs sri tt name of the A - i Company.The corporate seal zs ttotneeessarf far the-validity..of an t bonds,Poizcies.;ut&rtakiags ar ot3ter ataligat[ans of tl e.Eorpot3tioa' .; The Conapartj des hereby conshtute'and`appoint Golfe:en C. Ccoleman, Barbara Eden, Rhorida. Hoopingarner, Fred Monroe anal M. A. Monroe,individually of ARLINGTON,TX its true.;sod lavvfttl attoto execute seal and,,deoyet'fbrandon its behalf as Surety,:,and as its-act and deed,` buy and aII 1sUud5 aulf uudenTiugs ulSureCyylrp %ad the execution nf.such.instruments) In puisuance of, e paesents shall. be. as T ine�ing ppan ;he said 01AHS]CvrA -SURETY :CoMPANY,as fully brie amply,, to all'•intents and pWoses,as if the same had beea duly executed and acknowle'd'ged by its regulhdy elegf officers at.its prindpaI office in Tulsa,0l"da6 a. jN- WTII�ESS i Rl CJF, Q (7M ;`SU ETY COMP.' has executed and attested these presents this t7 2003 Y.0 of. Y AMS k: " SARA ANDEPSON ASSISTANT SE TAiZ`. TODD .AZATA t!ICEP13ES1D On this. 01 day of IV4 2003 before me,a Notary Public of the State of Cl la otrua�a and .� for rhe Comt.y.of Tu;..c, c;Lme rhe individuai,tq me penonally known to be the:Acer des a ter in,and wh,x execu-w.the preceding ttisnxe�tt; and h,:d&jiow.€r dl-ed the 6wcutioa of the same and beig:bv me duly:sworn,said,diat he:ts.the therein described and:authorized otl}cer-of the. O.KLtIalL) A.StJR `!'Y COW'7Y-aforesaitt an&tTkaf the seat afdi ea to the-prece'duag instr uric tt is•the corpoi�.of said`Co6paay,.and thiz.- said c orporate seal and his.si'gnatvre:as such of tcer were dilly atTlAed to the said''itistruanent 15y the aitthoFnt,and direction 4f the said Company;." and that }t!i Vy echt n i t} of-the By-Laws.of said Company,.referred to i the preceding instr=eat,is potty in force. x `h �Ed1C72iY. F Ikave.hereaatdset myban"daffixedany official sea}atthe Gifv ofTuti the day vzd rearPass ,b�v •antteq- � ir� .. r . t1 x CotssrQn 0001 8867 iTA _ My Corruzuss:c zz-expi.res 1— IN:RNb 'FO0. � �g _. fO SAY SCOTTNotL1 > SARA ANDERSON Assistant 9e¢retary ofOKLAHOMA SURETY C.OWANY do-hereby cerUfy'liat the toregocng extracts of the By-Laws-and of a Resoi4tioti of the Boar••d af'i)irectais of this corporation„and of a..P.oirwer of Attorney issued pursuant thereto.are wue and mTreet,Noll thatboth the By-l.&ws,the kesorution'and:thaFdwer nt Attorney are still in,fall force-and effect This;.semEts that any:facsimile-or m-ch,arsitatypfrodt}ced sipi4ture orally o$icec of the Company and'+wiopWiy seal,wheruver`appe snap,up rn a power o..F attorney +. hued by the Company.shat}tc valid and bindint upon thm Company with.lhe same forte and 46ct as ihough manually.affCxe&, Olg T•F_FSS V�EOF,I have hereunto sct my hand anci stBxed the facsimile seal of said porporatioa � � � '`,++5541i1tWrlf flj�t r j t` th15 / day Qt b A ANDERSON ARA AN Asiistaat Secretary Afi � IILL SARA " �vtki Lk\♦5+5� 'fit. s k4 •� ' .,8�f03704°� . -4 ..... _... .. PROPOSAL SUNTMARV ►+ 2.4 TO THE CITY OF FORT WORTS: The undersigned hereby proposes to furnish the equipment, labor, .materials, superintendence, and any other items or services necessary to perform the required testing of petroleum storage tanks owned or operated by the City of Fort Worth and the performance of required Stage 11 Compliance Testing on all applicable tanks. All Proposal Documents have been submitted in one sealed envelope. t 1 Addenda to the Request for Proposals have been received as acknowledged in Section 2.2. Unit prices are provided within the Proposal Documents in Section 2.6. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(60)days from the date of submittal PROVIDER Unified Services of Texas, Inc. BY-. Mark Auer, Jr. (Company Name) (punt o e e igpatory) 2110 Greenhriar Drive (Address) (Signat=) Southlake, TX 76092 Testing Manager (City,State,zip) Title(print or type) 817-481--9510 817-488-1729 Phone) (FAX) 2-5 2.5 TEMMOLOG Y DESCRIMON This is a critical portion of the Proposal 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 proposal documents. Photogmphs,schematic drawings, vendor brochures and third party 1- certifications should be included with the narrative description or each of the proposed work tasks. Each T' work task shown on the Cost Estimate Form should be addressed at a minimum. INCLUDE A COPY OF THE TECHNOLOGY DESCRIMON FOLLOWING T.HIiS PAGE BOUND WITHIN THE PROPOSAL PACKAGE. i - M .. I 0�V DO es Ca th fidie P roteetlluVN oris. fff� f+ 'ACRWICIAL ANODES OR GALVANIC SYSTEMS a Sacrificial anodes are pieces of metal more electrically active than the steel UST system. Because these anodes are more active, the corrosive current will exit from them rather than the UST r� system. Thus, the UST system is protected while the attached anode is "sacrificed" !" Sacrificial anodes c b he t w f - g e ® es an e attached o existing GSTs or coated steel new USTs or a pre ea�,�weer d cathodic protection system. ® The UST coo must be of a suitable dielectric material, In other words the coatis will � a S ]� electrically isolate the UST from its environment and meet applicable industry codes.. An asphalt coating is not considerer!a suitable dielectric coaling. s� 5 Depleted anodes must be replaced for continued cathodic protection of the UST system. I' IMPRESSED OR 1"UCED CURRENT YSTE.IS >r ® An impressed current cathodic protection system consists of anodes, cathodes, a rectifier-and the soil_ 9 The rectifier converts the alternating current to direct current. The direct current ss then sent through an ins elated copper wire to anodes that are buried in the sosl near the LST system. ' 9 Typical anode materials are ceramic, high silicon cast iron, or graphite. Ceramic anodes are not consumed, where as high silicon cast iron and graphite anodes partialty dissolve each year and must be replaced over time. ® The direct current thea flows from,the anode through the soil to the UST system, which acts as the cathode, and back to the rectifier through another insulated copper wire, ■ As a result of the electrochemical properties of the impressed current cathodic protection system, 1 corrosion takes place only at the anodes and not at the UST system. �FI 9 Depleted anodes must be replaced for continued cathodic protection of the UST system. ,.I in the event of any discrepancy'between this document and the Arizona Revised Statutes or Rules,the statuses or rules shall revail. r .I need INFORMATION..."k 602-207-4255—or...►rwwadegstateaz<us I J ,i DESCRIPTION AND USE UST 20001P The UST 20001P and Newt 2000/P use identical protocols and equipment. The software of the new system has been rewritten to produce different graphical outputs and to input tank data automatically, rather than relying on the technician. The LIST 2000/P Ieak detection system uses an ultrasonic sensor which measures changes in the speed of sound between calibration rods and the sensor. This system may be used for tanks contairking gasoline, diesel, aviation fuel, 1 solvents, water, kerosene and some other liquids to be determined in consultation with U-S. Test. This method is not appropriate for 44 or 95 fuel oil or waste oil. A threshold value of 0.05 gallon per hour is used to declare the presence of a leak. If groundwater is found to be above the bottom of the tam the test operator has three options: Defer the test until the water level drops, compensate statistically for the leak rate, or pressurize the tank with nitrogen to offset the hydrostatic pressure. Tank deformation is assumed to stabilize during the stabilization period. Temperature differences can be determined by data trends which show deviations from or approaches to steady state. UST 20001U The UST 20001U system is designed to detect leaks in the ullage space of an underground storage tank, Functionally, it is a digital recorder attached to a microphone. The equipment consists of a microphone, an amplifier, an analog-to-digital converter and a 2$5-compatible computer. Peripheral equipment may include a nitrogen supply, a vacuum pump, hoses, pressure gauges, relief valves, vent plugs, etc. Background measurements are made at ambient tank pressure for the reference point, then compared to measurements made with the ullage space pressun.?ed to+2 psig or-1 psig. A leak in the ullage space produces a hiss which is identifiable in a particular frequency range. r� TESTS AND RESULTS 1� Ken Wilcox Associates has certified the three versions of the UST 2000 series as meeting the U.S. EPA performance standards for leak detection. The-UST 2000/P system met the volumetric tank tightness testing protocol using a threshold of 0.05 gallon per hour. It showed a probability of detecting a 0.10 gallon per hour leak of 99 percent. The corresponding probability of false alarm was Iess than l percent. The UST 20001U system with+2 psig on the ul lage met the norvo I umetric tank tightness testing protocol with a probability of detecting a 0.10 gallon per hour leak of close to 100 percent. The UST 20001U system with. -1 psig on the ullage met the nonvolumetnc tank_tightness testing protocol with a probability of detecting a 0.10 gallon per hour leak of close TO-M f'r� 2 LMTATIONS OF APPRU VAL �. `- All Testing UST 2000/U The ullage volume tested shall he no larger than 10,000 gallons when the tank is ..� pressurized to 2 psig positive pressure. The ullage volume tested shall be no larger than 7,000 gallons when the tank is pressurized to 1 psig negative pressure. I Total data collection time shall be at least 15 minutes. UST 2000/P 'The tank shall be filled to 95 percent of capacity if using the 2000/P alone. . When used in conjunction with ullage testing, the tank- shall contain at least 24 inches of product qO which is the minimum needed to cover the first temperature sensor. JThe capacity of the tank shall be no larger than 45,000 gallons. The waiting time after adding a substantial amount of product will vary depending on tank size but shall be no less than 8 hours for tanks up to 10,000 gallons, 24 hours for a 20,000-gallon tank- and ankand 48 hours for a 30,000-gallon tank. JThe temperature between added product and product already in the tank sha11 not vary by more than 6.5°F. The average temperature of the product in the tank shalt not vary by more than 0.1°F. for the duration of the test. JThe total data collection time will vary depending on tank size, geometry and the amount of product contained. In no case shall the data collection time be less than 1 hour. For a 317,000-gallon cylindrical tank, the data collection time shall be at least 6 hours. This approval is valid through December 31, 2003, unless manufacturing modifications are made to the product or a re-examination is deemed necessary by the department. The Wisconsin - Material Approval Number must be provided when plants that include this product are submitted for review. DESCRIPTION AND USE fThe Petro Tite line leak detection system uses a preset threshold and a single test to determine whether a pipeline is leaking. The system declares a leak if the output of the measurement system exceeds a threshold of 0.05 gallon per hour. The systems may be used when trapped vapor is present in the pipeline. Prior to the start of the test, the line is purged of air and vapor, The Petro Tite method tests for the presence of vapor at the end of the test. If the bleed back test results fall within the tolerance of the method, the results are valid. ERS-5853-A-E(R.01/02) Commerce Material Approval No. 200200I2 w Page 2 of'31 The system may be used on lines that contain gasofine, diesel, aviation fuel, #4 and #6 fuel oil, waste oil, and some solvents. TESTS AND RESULTS The performance of the Petro Tite pipeline leak detection system was determined using the EPA protocol for evaluation of ,pipeline leak detection systems. When using a leak detection threshold of 0,05gph, the system is capable of detecting a 0.1 gallon per hour leak at 20 psi with a PFA of 0.37 percent and a PQ of 99.9 percent. j The `PA test procedure used addressed only the issue of the methods ability to detect leaks and not safety hazards. LIMITATIONS I CONDITIONS OF APPROVAL The Petro Tite Lire Taster is approved for use on pipeline systems for underground storage tank facilities that contain petroleum or other chemical products. It is approved for use on both rigid and flexible ,piping_ The operating instructions and test procedures specified by Purpora Engineering, Inc. shall be used to conduct all tests- a Line tester operation shall be verified annually, and calibrated in accordance with manufact�.rer's instructions if necessary- ° The manufacturer shall submit for a revision to this Wisconsin Material Approval application T if any of the functional perfro",ance capabilities of this equipment are revised. This would include, but not be limited to changes in software, hardware, or methodology. • Mechanical lige leak detectors shall be removed from the pipeline before testing. ■ Critical performance parameters for the Petro Tite Line Tester; Rigid Piing: Test Line Pressure - 150% of normal operating pressure 15 psi for suction systems Maximum Test Line Pressure 120sem` Maximum Test Line Size 6 in. j Minimum waiting period between fast product None dispensing and start of data collection v� Minimum time for test 1.5 hours (if detected leak rate < 0.005 gph) _ 2 hours if detected leak rate > 4.005 ph) Total maximum allowable volume of product in 129 gallons or less rigid test pi eline _ Flexible Piping: Test Line Pressure _ 60 psi Maximum Test tine Pressure T 12IEsi _ Minimum waiting period between last product I Nene disRensing and start of data collection Minimum time for data collection 2.5 hours Minimum Flexible Piping Bulk Modulus 1,280 psi - Total ma)dmum allowable volume of product in 49.5 gallons or less any flexible test pipeline J I 2.6 COST ESTIMAT Providers should provide a price estimate for each task of each technology method proposed for this project. At least those tasks shown in the following list should be included. The Provider 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. NO COMPENSATION SHALL BE PAID to the Provider 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 stun or unit prices are requested in this Proposal. System Tests — COST ESTIMATE ITEM Tank Sim Under-Fill Metbod Over-GU Method UST Tightness Test 550 gallon 400.00 /each 850.00 /each low 1,000 Wnrz 400.00 /each 850.00 /each 2,000 gallon 400.00 /each 850-00 /each 4,000 pOm 400.00 /each 850.00 /each 6,000 g9on 400.00 /each 850.00 /each [1[70 allow 400.00 /each 850.00 /each 10,000 Roca 400.00 /each 850.00 /each 12,000 WV11 400.00 /each 850-00 /each 400.00 /each 850.00 /each COST UST Pfting Tightness Test ----- 75.00 /each UST Line Leak Mete for est 50.00 /each Stage H Annual Fuji System Test _=`-- 600_00' /each roh esion Protection stem Tet .4.0.0-00 /each Afiiseelkrneuus FartslSupplies ITEMCOSIC Fill Cap 35.00 /each Fill Cap C 5.55 /each Vent Ca 68.00 /each R 2-7 1 Employee Labor Rates To fin-ter aid the City in its evaluation,the labor rates for typical categories of personnel employed by the Contractor shall be provided. Do not add categories. Select the City class closest to the Contractor's actual classification_ All rates listed below shall be hourly rates. EMPLOYEE HOURLY RAT'S: Principal 80.00 1 hoar 1 Technician 45.00 /hour Clerk t DTist 30.00 /hour 2.7 QLALIFICATIONS OF THE PRl7YMER Provider shall identify its company name, address,telephone number(s), and FAX number(s) for the local office as well as the headquarters. 1 _ Provider shall attach a copy of its current Statement of Qualifications. If subcontractors are to be utilized for services to be provided, current Statements of Qualifications for those companies must also be included. Provider shall. submit a brief resume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the pnmary work assigned as well as the percentage of time each person will devote to this contract. Document Provider=s experience (INCLUDING REFERENCES) with tank tightness testing, piping testing,Line Leak Detector(LLD)testing,Stage II Testing, and all other applicable testing associated with, underground storage tank (UST) compliance and maintenance. U applicable, photographs, schematic drawings, and vendors brochures should be included with a narrative description A copy of the Provider's Health and Safety programa must be submitted as Provider' s Qualifications Document 2.16 lop INCLUDE A COPY OF THE QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE L 2-8 l_ t . I tl l .f,3£ TESr I NG SERV I CES 917 2727 66-S4 02 J 1 E:'L=! 09:4 .am P. 1 , tl Testing Services P.Q. Box 136668 Ft. Worth, Texas 76136 Office(817) 237-1899 FAX (817) 237-6554 ,'Statement of Qualmcations I J& S T sting Services. Ltd., formerly known as Petrosery Testing Services (PTS), was establish rd in June of 1994, and changed ownership and name in June o C200 1. FS began p rf'onning tank and line testing and eventually Stage 11 Compliance testing to meet a€ -owing need to prevent releases of gasoline and volatile vapors from the storage tanks of Ehe gasoline. With the change of ownership to J & S Testing Services, a new dedicati n to precision testing was realized with the sole dedication of its employees to testing t .rvices oral}+. { { it The v-rij irnal tester for PTS and now a partner in J & S Testing Services is Raymond tl Edward loines(Eddie)_ Eddie started perfcn-rning tank and line testing in 1993 after three f years e, )erience in installing and removing underground storage tanks (USTs). In 1944, when S ige 11 Vapor Recovery started being installed in Texas, Eddie went to the Texas ' Natural kesource Conservation Commission and got approval to begin perfotnainig the complia ice testing on these systems. Eddie is now listed on the Texas Cornmissian on f� Enviror dental Quality's database for approved Vapor Recovery testers_ Eddie graduated k + from U iversity of North Texas and currently holds licenses in tank, fine and leak. detecto , and cathodic protection testing along with His Stage II Vapor Recovery Testing listing. Jimmy San Stahr began in the UST field irn 1592. With a background in drafting and mechar es having graduated from Texas State Technical College, Jimmy began as an � J LIST in taller and then spent five years as a service technician diagnosing and solving I probler s with USTs. In 1998, after the installation of most vapor recovery systems, i I Jimmy vegan to perform Stage 11 Vapor Recovery, tank and be testing for PTS. Now i the oth r partner in J& S Testing Services, Jimmy is also on the TCEQ testers database. With.a 4een understanding of the mechanics of vapor recovery systems, Jimmy is a premie diagnostician and trouble-shooter of internal vapor recovery system problems. � I With o it combined 26 years professional experience in UST and s cificall the ] � testing A tanks, lines and leak detectors, and Stage 11 Vapor Rwovery systerns J& S Testing Services continues to operate on a principal of gdod crivironmental qu 'ty for s our& dren and grandchildren to comae. fl i � � � . � � - § e M 0 $. . 0 ) . Q w 0 u ƒ E4 3 u CAto \ k - M ) 4 \ ® C Ln Lcn ? ~ / CY � f � � � , O - a \ CA / \ cc / \ 2 ƒ q . & . S� 93 J � m k q 4 \ 0 M J - b 7 s � 3 � 2 / g 7� � � H . 2 i - A � e � 2.9 VENDOR'S COMPLIANCE TO STMT rsA-W Article 601'- of Vernon's Texas Civil Statues (1985) applies to the award of contracts to tion, resident Providers (out-of-state Providers whose corporate offices or principal place or business are outside of the State of Texas)who are required to bid projects for construction, improvements supplies or services in Texas at an amount lower than the lowest Texas resident Providers would I� be required to under bid a nonresident Provider in order to obtain a comparable contract in the state in wWch the non-resident's principal place of business is located_The appropriate blanks in Section A below must be filled out by all outof-state or non-resident Providers in order for their submittal to meet specifications. The failure of outof-state or non-resident Providers to do so will autamaticalEydisqualify that Provider. Resident Providers must check the box in Section B below. - Non-resident Providers in (give state), our principal place of business, are required to be percent lower Mian resident Providers by stat a law. A copy of the statute is attached. Non.-resident Providers in (give state), our principal place of business, I are NOT required to under bid resident Providers. i B. Our principal place of business or corporate offices are in the State of Texas. [ (Check this box if statement B is true) I L - PRaVMEP,: Unified Services of Trus, Inc. BY: Mark Auer, Jr. (Company Name) (prizif or rypt name of signator ] 2110 Greenbria7r Drive 'el�i (Address) (Signature) 5outhlake, TK 76092 Testing Manager - wity,state,Zip) Tide(print or type) �... >.. 2-10 - r 4 f + 2.10 rNSirRANC'F:C'ERTiF1CA EES A FOR PURPOSES OF THIS PROPOSAL,PLEASE ATTACH A COPY OF YOUR CURRENT INSUB,AN EC TIFI _ATS,( )FOLLOWING TIM SECTION AND BOUND WITHIN THE PROPOSAL PACKAGE. B. The successful Contractor will be required by the contract to have insurance coverage as derailed below. Prior to commencing work, the Contractor shall deliver to the City of Fort Worth certificates documenting this coverage.The City may elect to have the Contractor submit its entire policy for inspection. The contractor shall not commence work under this r Contract until it has obtained all the insurarsce required under the Contract,and such insulace has been approved by the City. Contractor shall keep the required insurance in force p throughout the terra of this,Contract. I_ WORKERS' COMPENSATION INSURANCE. Contractor shall maintain,during the term of this Contract, Workers' Compensatim Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all subcontractors. Employer's Liability Insurance shall also be maintained, at minimum limits as follows: 5100,000 disease each employee/$500,000 disease p6ky limit and $100,000 each accident_ 2. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limits as One Million Dollars($1,000,0fter occurrence with an aggregate of Two Million Dollars($2,000,000). 3. PROFESSIONAL LIABH,ITY INSURANCE ; Contractor shall procure and shall maintain during the term of this Contract Professional Liability Insurance at a minimum.of One Millions Dollars($1,000,000)per occurrence. 4. AUTOMOBILE INSURANCE _Contractor shall procure and mainmia during the term of this Contract Comprehensive Automobile Liability Insurance covering all Vehicles involved with Contractees operations raider this Contract. Themmimum limits of liability coverage shall be in the amount of One Million Dollars ($1,000,000) per accident combined single limit, or Five Hundred Thousand Dollars ($500,000) bodily injufyper person per occurrence and Two Hundred Fifty Thousand Dollars ($250,000)property damage during the effective dates of Contract and any renewal period. The named insured and employers of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 990 for equivalent,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. The following shall pertain to a;l applicable policies of isurance(1.through 4.) listed above z-11 +� a. Additional Insured Clause: "Tire City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fmt Worth" Exception... the additional insured requirement does not apply to Workers' Compensation policies b. Subcontractors shal.1 be covered under the Contractor's insurance policies or they shall provide p their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the C%ty_ c. Prior to commencing work under this Contact;the Contractor shall deliver to the City of Fort Worth insurance certificate(s)documenting the insurance required and terms and clauses required. d. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage,or noarenewed until after forty- five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort 'W'orth, 1000 Throckmorton, Fort Worth, Texas 76102." Norte: Written notice can be by Contractor or insurance company. e. The insurers for all policies must be licensedlapproved 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. F. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Nianager of the City of Fort Worth in t regards to asset value and stockholders equity. In lieu of tndinonal insurance, altemative r�1 coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk.Manager. g. Waiver of rights of recovery(subrogation)in favor of the City of Fort Worth. h. Such insurance policies shall be primary, without right of conlribzkm and not subject to any offset by any other insurance carried by the City or the Contractor. i. If insurance policies are not written For specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required_ Excess Liabiity shall follow form of the primary coverage. - j "Unless otherwise stated, all required insurance shall be written m the "occurrence basis"". If coverage is underwritten on a claims-made basis, the retroactive date slam be coincident Z with or prior to 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 cerrifcate of insurance submitted to the City shall evidence such insurance coverage. L The City, at its sole discretiea, 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. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party- The contracting party will have ninety days from the date of notice to comply with the additional requirements. The City shall be entitled,upon request and without expense,to receive copies of policies and endorsements thereto and may make an y reasonable requests for deletion orrevision or mo&kations of particular policy terms,condttious,limitations,or er cimioms except where policy provis ions are establis bed by law or regulations bin&ng upon either of party or the uoudenm iterr ora.any s uch policies. PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING TEAS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. 2-13 Fill, .accRa CERTIFICATEF LIA�IL�TY INSUFANCE OP IC! DACE{Mh41uD1YYYY] L UNIFI-1 04/01/03 116 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe (UST) HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 204 Billings #110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A- ' =.ngton TX 76010 I .e: 817-640-5035 INSURERS AFFORDING COVERAGE �NAIC# INSURE° INSURCRA: Mid-Continent Casualty Co. INSURERS_ Interstate Fire & Casualt I P Unified Services of Texas INSURER Oklahoma Surat Coax a Marshall Ryyan yC P n 2110 GreenTariar 1N5L1RER D American Interstate Ins. Co Southlake TX 76092 INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE-FOR THE POLICY PERIOD JNDICATEO.NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ❑Ls 17` POLICY NUMBER BATE MMIDDIYY DATEEy(MMM OD�� LIMITS LTR NSRLI. TYPE.OFINSURANCE GENERAL LIABILITY EACH OCCURRENCE $1,0 0 0,Q Q Q. COMM ERCIALGENERALLIABILITY 04GL105877 02/24/03 02/24/04 PREMSESIS enc-] S100,000. CLAIMS MADE X OCCUR MED EXP(Any one pe=n) S Excluded IX Professional Liab PERSONAL&ADVINJURY S1,000,000. GENERAL AGGREGATE $2,0 0 0,0 0 0_ GCINLAGGREGATEUMITAPPUESPEFI: PRODUCTS-COMPOOPAGG 52,000,000. POLICY 7�EC LOC AUTOMO8ILE LIABILITY COMBINED SINGLE LIMIT S 1 000 000 C X )ANYAUTO06TX25960 02/24/03 02/24/04 (Eaaccidot) r r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pv p—n) _ S HIREO AUTOS BODILY INJURY $ NON-OWNED AUTOS [Pcr accident] _._. PROPERTY DAMAGE S (Pet ateident) GARAGE L$AB1L ITY AUTO ONLY-CA ACCIDENT ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 5-5,000,000 B X OCCUR 17CLAIMSMADE UM01605503 02/24/03 02/24/04 AGGREGATE 55,000,000 S DEDUCTIBLE S X RETENTION S-5,000 $ WORKERS COMPENSATION AND X I TORY LIMITS ER _ EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNERIFa[ECUTlVE AVWCTX1086992003 03/29/03 03/29/04 E.L.EACH ACCIDENT $ 1,000,000 -- OFFICERIMEMBEREXCLUDED? C.L.DISEASE-EA EMPLOYE S 1,000,000 If yyes,describe undeF SPECIALPROVISIONSbeiow E.L.DISEASE-POLICYUMIT S 1,000.000 OTHER A Equipment Floater ISP80626 02/24/03 02/24/041 item 285,000 Location 285,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS?VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT ISPECIAL PROVISIONS Pollution is included in General Liability. Blanket Additional Insured and Waiver of Subrogation are included in General Liability & auto if required by written insured contract. Thirty days notate of cancellation applies, with 10 days notice for nonpayment of premium. -- _ CERTIFICATE HOLDER CANCELLATION CITYF-1 SHOULD ANY OF THE BOVEC nE$CR1Ua POLICIES BEC CELLED BEFORE THE EXPIRATIO6 DATE THEREOF,THE SIZING INSURE.R'WILL ENDEAVOR MAIL 30 DAYS WRITTEN City of Fort Worth NOTICE TO THE CER FICATE,HGLDER NAAiED TO THE BUT FAILURE TO DO SO SHALL Dept. Of Environmental A'Sgmt. tMP05> NO OSLIGA ]I<I"�[OF ANY 1qN,UPO Tx€iNSUREFL ITS AGENTS OR 1000 ThrvckTnortan Ft Worth TQC 76102-6311 REPRESENTATIVES. AUT}j FQ D REPRE ATIVE ACORD 25(2001108) @)ACORD CORPORATION 196 FA�+OR,Q CERTIFICATE OF LIABILITY INSURANCE OP ID C DATE(MMlnn J&STE-1 05/30/03 PRODUCER THIS CERTIFICATE IS ISSUER ASA MATTER OF INFORMATION 1! ON LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe (UST) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 204 Billings #110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P '.ngton TX 76010 p+4 I .ae: 81.7-640-5035 INSURERS AFFORDING COVERAGE NAIL s� INSURED INSURER A. Mid-Continent Casual t Co. INSURER 8- J & S Testing INSURER C: Ja.srunyy S tahr P 0 Box 136668 INSURER 07 Ft. Worth TX 76136 -- + INSURER E: }E COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWn-HSTANa4NG ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR �:AY PERTAIN.THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH OLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRU TYPE OF INSURANCE POLICY NUMBER DATE µUID rM DATE MMMW(Y) OMITS GENERAL UA84UTY `EACH OCCURRENCE S 10 C U 0 0 0 CA rX1 COMMERCALGENERAL LLAB4UTY 04GL116100 06/01/03 06/01/04 PRAMEM SEs(Eaoccurence} $100000 CLAIMS MADE I X OC.:UR MED EYP(Any one pe:5Cn) S –0– X Prof Liab ML1163 04GL116100 06/01/03 06/01/04 PERSONAL 8,ADV INJURY S 1040000 r GENERAL AGGREGATE s 2000000 +r C,Ek'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2 0 0 0 0 0 0 IX POUCY j1'9& F-1 LOC AUTohIOBItELIABILITY COMBINED SINGLE LIMIT S Y ANY AUTO (Ea accident) Iw ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perpersdn) S HIRED AUTOS BODILY INJURY (Per acadenl} S NON-OWNED AUTOS PROPERTY DAMAGE S (Per acadenl) - GARAGE LLAENLrrY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S - F_XC£SSUMSRELLA LIAB4UT'Y EACH OCCURRENCE S OCCUR �l CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND TORY LIMITS '+ ER Fr EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEREXECUTIVE E.L.EACH ACC;DENT !3 OFFICEFVMEMaER EXCLUDED? EL.DISEASE-EA EMPLOYE S [(yes.describe under SPECIAL PROVISIONS trelaw E_L_DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEM€NT I SPECIAL PROVISIONS Pollution coverage is included in the GL_ �* CERTIFICATE HOLDER CANCELLATION UNIFIED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL, 10 DAYS WRITTEN � UNIFIED s�RvrCEs o;~ TEXAS NOTICE TO THE CERTIFICATE Hot aEA NAMED TO THE LEFT,BUT FAILURE TO OO SO SHALL' 2110 GREENBRI.AR DR. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,IT'S AGENTS OR SOUTIiLAKE TX 76092 REPRESENTATIVES. AUT1111 0 R !VE A ACORO 25(2001108) 0 ACORLI CORPORATION 1981 rr 3.&E TE$T I NIG SE:R','I CES a17 287 6664 02-,,'17/04 11 r 24am F. 00 4 F' rr+ FJIanE AYfIC4P_rfY 42:IJIdT5F0@• IJIOISlO2 Irl&LlT8r5Cf F3YII}:87 7-6q0-i9 t59 TO:,1ci5 I ESTI17rj Witt,tr d�dcJu� Baa tiu... AC -.-— CEF 'fIFICATE OF LIABILITY INSURANCE Op 10 bv� ®ATEINAtIOCM' y_ J&3TE-1 02117/1,4 �obitteR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R)GHTS UPON THE CERTIFICATE I[onroe & Monroe {ITS ] HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR I 04 Billings #110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' J rlingtau TSC 76010 phone:817-640-5035 INSURERS AFFORDING COVERAGE NAIL# Ir3-LRE17A- Mid-Contineat Casualty Co• J & S Testi g y VC-UF C ! Px136 iQ So68 Ft. Worth T 761.36 :OVERAGES ',IF PiX 4'W5 OP'P'SLRMCE USTE- CLOW PAVE EiEFN I„;.r ED ICI--HF IPdR,T;!Ft oj,/EO A-I VE FOP 7+F r2,Xr a lbF,0,10D 1r-aDmc. i ED,rJG-iV,1r-4.,Ah (4G i >tip, W43L rP$MIv•r TERM CA e-ONOC W OF AW CONTRACT OR Mle-- rF FIT TG iNHCH THIS C.FPTIFICArvr,KAT SE[SSI Zu-OR II :Aa-PErl Aft VX' AFfC XV 9Y T7-(E PO LICtES OCSCRIM-0I-EREI'N KiTri ALL TI'E TfWS.C'.d'rLLiS'QNS N,L Ce4ANTTW Or aSU01-- t Fi}Li�iF'. +•C1•F�:tAd�LiMITCS[CA MAY W.VEfAD-.1'11tE04JCrI',BYPrMOCTAIMi ,� Do POLICV EFFECTP7E-{Pt3CNC4 ERPIRA TR 9 TYPE OP INSNRN :E POLICY NLAVEIER GATE IM NMA Y) DATE INi.IIDD _ .�..._. LIMITS GENERA_LIABILMY AMS -X,OF ICF '2000000 +, + �5['t:t't1.rERCL-LGEr�R, LU01UTY 040L11610Q 05/01/03 I T36/O1/04 II�r.E�FI ra] s 1000011 CLAWIS MROF. ]OCCUR d vnEo Exp t,-m an-,irisin) �f --0- 7C 2rof Liab I G2163 04UL.1 .6,140 06/01/03 06/01/04 pm-esorw.t.I vIN Y $10000 E _ f GE FR AGr». C'-'ve 4 200000 c-rpk. SGPCCIA M LimlF a -LIES PER RR vuc S.L:Uuar13a A,G 8 20 0 0 0 0 _ � I - I AUTQV08[LE LL48IL17Y v N CL'AA�II•I[[}a'IM1k:LE'_iM;T r Y-. . ,AU iCa Ar.4ldc,tl r L I A L 6t"ED AIMS 113D0'LY IfJ,IURY ;ari_ ! -'hEOLA.EO AkJrO: fF'eJ'Asr,�n1 H^ D•AST*xS - SDan.y uY � �. t NV5-C�W:E.O-'Vj T0zj FIWPPPrrOAa GIF {Fret eceiCeN} f I GARAGE L1A61LITY � P1IJT4 UhrLr_EA ACr,;'i}yE;+1T ; D-W4 AI rfp:l'dL•! �: 4 d EXCESS014BRELlA LAIN TY ,.SA+",N0rC;L mE•W.:F —I d AvdS Mitl''7E �.A�G,A_�T)•"_� _ '� _ ,.,.� I 1 [[ WORWERS CCLMPENSATbIj AM I - EMPLOYERS'LIASIITY - Y?`aC�P.f_=OF1PRRT,VERrFF 'JTIVE. L.L.EN7tACClflEt•!f 'F _ _ -_ '.FFi'-ROAZ,+917.1srl1L1)OE C"? I nC L 0ISE.ASE-&A_ C'f.+.K°r.7vr-E 3 - If"f .'$a-xm•r ijr,aer I SPECLk PP'"IS4>AS Won f E.L.nd.SF.,e.SE-Pni Ii'�yr.IRdr OTHER I I J OE SIC RIPTrONO OPERATIONS ILOC 1ONSIVpi1CLESIEXCLU51ONSADDED BYENDORSEMENT?SPECIAL PROVISIONS -- Pollution Liabilit • included in the General Liability s I I I f CERTIFICATE HOLDER CANCELLATION C 1�,.�� � SFFCILLD ANY OF THE A190 SCR 6ED POLJMS 5E CANCELLED 3E€ORE THE E%F]IDIN JDATE Ti-fEREOP.THE IS5U1l4G IrISLIRSR..WILL ENLi1 AVOR TCI MAfL a 0 DAYS�Y'Al+' NOTICE Tri THE CEft'fIFICATEHOLO.EA NAMEC TO THE L.EF-r.But FAIL LIRE TG D©S6 City of Fa t Worth IrAPtl9J1 NO[I@LdL;ATIQN OR JAB11.,iTY LIF ALIS'ItINP 11POu 7}+E fN$LIRER,ITS AGEr�r7!5 port Worth Tx REPR£SENTAWWS. ALTPPRUED REM, 1 III ACORD 25(20011U) C ACORD CORPORAT,16m 19148 d �I f 2.11 PROVEDER'S 11"..NSEIS & C'ERTfFYCATES Provider shah procure all permits and licenses,pay all c}aargs,costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work kProvider must provide a copy of the appropriate certifications, registrations, and licenses and f related certificates(including Subcontractors)with their submittal. I� Provider should include copies of the Company licenses and certificates from EPA, DOT, TNRCC,etc. and provide copies ofindividual licenses and certificates upon request from the City. ATTACH COPIES OF CURRENT APPLICABLE LICENS ES AND CERTIFICATES ii FOLLOWING TEUS PAGE AND BOUND VMOMN"THE PROPOSAL PACKAGE 1 _ 10 i !R I� l I� 2-14 f I iR N TR CA North Central Texas Regional Certification Agency + December 22, 2003 0' Marshall Ryan Unified Services of Texas, Inc. 2110 Greenbriar Drive Southlake TX 76092 RE: D/M/WBE Certification Affidavit No. 14837 Dear Mr. Ryan: Congratulations! Your firm has been certified by the North Central Texas Regional Certification Agency ("Agency") as a: l Disadvantaged Business Enterprise r' in the following area(s) only. 23899;541624;237120;236224;238910;562598; Instar(,Remove, Repair, Upgrade,Test,Etc.of Under/Aboveground Storage Tanks, Fueling Systems and Cry Ice Blasting; Environmental Consulting Services;oil and Gas Pipeline and Related Structures Construction OR (pt); Commercial and Institutional Building Construction(pt);Site Preparation Contractors(pt);All Other Miscellaneous Waste Management Services; Your Certification Identification Number is NMDB211 16N1104. This number should be used on bids, requests for proposals and other correspondence with any of our member entities*regarding your D/M/WBE status, Moreover, you should provide your certification number to prospective bidders and proposers on any of our member entities r' projects as evidence of your certification status. Changes such as expansion of business services, ownership, phone number, etc. should be immediately communicated to us.Your certification is valid for one year. To remain certified, D/M/WBEs are required to update all pertinent information prior to the expiration of their certification. The Agency and any of our member entities reserve *+ the right to re-evaluate a firm's certification status at anytime that they determine such re- evaluation is warranted. Thank you for your participation in the Agency's Disadvantaged, Minority and Woman- awned Business Certification Program_ Please contact me at metro (817) 64070606 if you have any questions or if I can be of assistance to you. `" trul yours, ienn Kelly cy Director *See attached list F msm er en es 624 Six Flags Drive,Suite 216,Arlington,TX 76011 - Metro(817)640-0606- Fax(817)640-6315•www.nctrca.org � p '' •�"a � � ^-� �''� l ��:F'�_ �� �'�C`�i+; . 51.,•4 r �y�j.H4���,..-��-.^ �. Nom• ;� - �^'-�Y � N.���—�.ei � ��-�'y��Na�r�� v����in j `im�$4.!*N� '+1��. IVY L _0 r ' cr �y'"?• s '• 0 -0 =5 C Cil (d 4LL ns FA z:j w to cc cn (d Q dd]] 4) C S 1 e I� � Q C , CL m CO icv � - co � � ... U3 � �N u7 _ r � � E � a C%j CD Cd { a> 7 N 0 04 D ?, C n C 4 C (17 ow '� r3 (A L3 inCL w .- Cl 0 `— c;o as rsO � v o cv ° Z Z U 6A0 ca ^� [L > crs s - cd rn p Q Vis. t3 0 En _ r ctCJ u Ln �':. �.Fr - ��-• ���-�`y��� .1M y~M'Mfll `#,�,�y yrN �e �!� �r'�".� ".-.�..� N� •C�—y��"rte.—. '�l`� ��.� iac' �c+��I ���" '�'— 4 � _ I Robert]. Huston,Chairman c r�• R. B."Ralph"Marquez,Commissioner T l Kathleen Hartnett White,Commissioner � l Jeffrey A Saitas,Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution ,lune 6, 2002 s+ MR MARSHALL D RYAN UNIFIED SERVICES OF TEXAS INC 2113 GREENBRIAR DR S©UTHLAKE TX 78392 Fie: Renewal of Underground Storage Tanl, (UST) Contractor Registration for UNIFIED SERVICES OF TEXAS INC. Registration No.: CRP000970; Approved as of June 6, 2032 DEAR MR RYAN: You have completed your renewal process with the Texas Natural Resource Conservation Commission (TNRCC) for r;r UNIFIED SERVICES OF TEXAS INC as a Registered Underground Storage Tank Contractor. Please note that you will only receive this renewal approval letter and your last certificate will be valid so Ionil as that certificate is not revoked and is renewed according to law. Your renewal of the certificate of registration allows UNIFIED SERVICES OF TEXAS INC to continue to engage in the installation, repair, and removal of underground storage tank systems in pe Texas. The Certificate of Registration will expire on June 8, 2034. A renewal application will be mailed to you at least 60 days prior to the expiration. Any change of information to the registered contractor application during the validated registration year should be submitted in writing to the Executive Director of the TNRCC within ten days after . the month in which the change occurs. The registered contractor is required to prominently display the above referenced contractor registration number on all bids, proposals, offers, and installation drawings. Please note that a registered UST contractor roust have a licensed UST on-site supervisor at the site at all times }r during the critical stages of an UST installation, repair, or removal project. There are two types of licenses, A for installations and repairs and B for removals. If you have any questions, or wish to receive an application for license A & B please contact Wanda Kurio of the UST Contractor Registration Program at (512)239-2191. - Sincerely, . ' AVLtZ- Wanda M. Kuria Installer Certification Section r+ Compliance Support Division APUCRP000970 fp P.O.Bare 13087 • Austin,Texas 78711-3087 • 5121239-1000 • Internet address:www.tnrcc.state.Mus printed un rc yc[ed papvr using,sm•N�sel ire& 1 Robert f.Huston, Chairman P R. 8-"Ralph"Marquez,Commissioner s ,i C 2102 Kathleen Hartnett White,Commissioner ri Jeffrey A.Sanas,Executive Director \ adllaszaa■*��„�_.;::::!% ,*, TExAS NATURAL RESOURCE CONSERVATION COMMISSION Protect4v Texas by Reducing and Preventing Pollution I October 16, 2002 MR. MARSHALL D. RYAN UNIFIED SERVICES OF TEXAS, INCORPORATED 2110 GREENBRIAR DRIVE , ISOUTHLAKE TX 76092 He: Renewal of Registration as an LPST Corrective Action Specialist for UNIFIED SERVICES OF TEXAS, - INCORPORATED; Registration No.: RCAS00278: Renewed as of October 11, 2002. A DEAR MR. RYAN: We are pleased to inform you that you have met all the requirements necessary for renewing your registration as an LIPS Corrective Action Specialist. Please note that you will o n ly receive this renewal approval letter, and your last certificate will be Valid so Ionq as the certificate is not revoked and is renewed according to law. The Certificate of Registration will expire on December 13, 2004. The registered Corrective Action Specialist is required to prominently display the above referenced RCAS registration number on all bids, proposals, and offers pertaining to LPST corrective action services. A renewal application will be mailed to you at least 60 days prior to the expiration date. An application tar renewal and all required additional information must be submitted to the Executive Director at least 30 days prior to the expiration date printed on this letter. Any relevant change of information to the registrant (e.g. change of employer, change of mailing address, etc.} during the validated registration period shall be submitted in writing to the EXec{ltive Director of the Texas Natural Resource Conservation Commission within 10 clays after the month in which the change occurs, If you have any questions, please contact Yalonda Dover, Corrective Action Registration Program, at (512) 239-2192. Sincerely, ;c6 -"2 Ya Dover Op ator Certification Section Compliance Support Division sudjVamisWns+Moo n[Qrij-approval P.O.Sox I3087 • Austin,Texas 78711-3087 • 512/239-1000 Internet address;www.tnrcc.state.tx.us primed crr wy ed paper p n{!,ictti'-haF.�k Ylik I i TEXAS NATURAL RU.0-QRCE CQNSERVAT!ON,obmhillssbN. UST ON-SITE SUP RS+'aSaft'PR'DGFiAM x..- MARSaCt3;RYAN HAS FULFILLEC>•AL-L AaLtIAF-MEPfYSf'OR"iX TYPEv,-& $tlu&sd L T[}PER.�OR�:4JST II�S '11C7�I, REPAIR AFI¢QEMtQ`V;ALS r WITHIN THE STAFEe VALID THROUGK July 27, 2004 ec ve Director LICE NSE NU.: ZLl'001210 w rr L I E 90 l Robert 1, Huston,Chairman r .y.� -4., IR. B."Ralph"Marquez,Commissioner f- , Kathleen Hartnett White,Commissioner Margaret Hoffman,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing PollutionMarch 31, 2303 MR RANDY DUANE RITTER 1304 N CREEK DR SAG I NAW TX 75179 Re: Renewal of Underground Storage Tank (UST) On-Site Supervisor License. [TCEQ LP Reference No..ILP001993]; Approved as of March 31 , 2003. DEAR MR RITTER- Enclosed is your renewal Type A & B License entitling you to continue to perform j Underground Storage Tank Installations, Repairs and Removals. Check it over carefully; if I there are any errors, contact this office immediately at the telephone number listed below. Your expired license is no longer in effect and should be properly destroyed. The license should he used to identify yourself as a licensed on-site supervisor to UST owners, TCEQ UST inspectors, and other government officials. It is highly recommended that the wallet size license be laminated to protect it from daily wear and fear. A new wallet size license will be issued upon renewal of the license. Your Type A & B license will expire on May 31, 2005. A renewal application will be mailed to you at least 50 days prior to the expiration date. An application for license renewal and all required additional information must be submitted to the executive director at least 30 days prior to the expiration date of the license, Any relevant change of information to the licensee [e.g. change of employer, change of mailing address, etc.)) during the validated licensing year shall be submitted In writing to the Executive Director of the Texas Commission on Environmentai Quality within 10 days after the month in which the change occurs. For additional information or assistance regarding your license, contact Wanda Kurio of the Installer Licensing Section, Contractor Registration and 4n-Site Supervisor Licensing staff at (512) 239-2191. I Sincerely, 1 . j,(aAZ1a L&.4w t,_4— TEXAS COMMISSION ON ENVIRQ,NMENTA,L QUALITY Wanda M. Kuric UST ONSITE SUPERV1SOFt PROGRAM Installer Licensing Section BEIrXN©WN THAT Compliance Support Division RANDY DUANE RITTER HAS FULFILLED ALL REL3VIREMEN TS FCA A min .''T' TE A&$LICENSE To PERFORM UST INSrALk_ATON, REPMR 6ND FtEMQVALS f rt N +� W"IN THE STATE OF TEXAS. t}3 VALID THnvus;rl: May 31, ZDflS kxccu[i �i�tur LiczNSE NO.: ILP001993 P.0.8ox 13087 ■ Austin,Texas 78711.3087 ■ 512!239-1000 ■ Internet address:www_tceq.state.tx.us prineed im raikerlp two k4wiI,aPv-b4+ed mk _4 Robert J. Huston, Chairman R. Q "Ralph"Marquez,Corrrmtssioner ti Cathleen Hartnett White,Commissioner �. 4 Jeffrey A. 5aitas,Executive Director Y TExAS NATURAL RESOURCE CQNSLERVATION COMMISSION Prolecling Texas by Reducing and Preuenttng Pollution August 9, 2002 ! MR MICHAEL CRAIG BLANKENSHIP 6717 NORTH PARK NORTH RICHLAND HILLS TX 76180 Re: Renewal of Underground Storage Tank (UST) On-Site Supervisor License. [TNRCC Ll Reference No..ILP0020261; Approved as of August 9, 2602. DEAR MR BLANKENSHIP., Enclosed is your renewal Typpe A & B License entitling you to continue to perforn Underground Storage Tank Installations; Repairs and Removals. Check it over carefully; i there are any errors, contact this office immediately at the telephone number listed befow. You expired license is no longer in effect and should be properly destroyed. The license should be used to identify yourself as a licensed on-site supervisor to UST owners TNRCC UST inspectors, and other government officials. It is highly recommended that the wallet size license be laminated to protect it from daily wear and tear. A new wallet size licens will be issued yearly upon renewal of the license. Your Type A & B license will expire on September 13, 2004. A renewal application will b, mailed to you at least 60 days prior to the expiration date. An application for license renewe and all required additional information must be submitted to the, executive director at least 3( �. days prior to the expiration date of the license. Any relevant change of information to the licensee (e.g. change of employer, change of mailing address, etc.) during the validate( licensing year shall be. Submitted in writing to the Executive Director of the Texas Nature Resource Conservation Commission within 10 days after the month in which the changr occurs. For additional information or assistance regarding your license, contact Wanda Kurii"o of th€ 1 Installer Certification Section, Contractor Registration and On-Site Supervisor Licensing staff t (512) 239-2191. Sincerely, PF Wanda M. Kurio Installer Certification Section Compliance Support Division P.D. Box 13087 • Austin,Texas 78711-3087 • 5121239-1004 a Internet address:WWW.tnrcc state.tx.us f w I Praxair Services, Inc. 3755 North Business Center Drive Tucson, Arizona 85705 I Tracer Tight@ Leak Detection Method Manufacturer's Certification Certifies: Mark Auer Jr. Licensed Affiliate Unified Services of Texas, Inc. M Certification Valid 01124104 Through 07124105 The employee listed above has completed sufficient training and/or requirements and has demonstrated certifiable knowledge to perforin Tracer Tight@ teak Detection Services. Termination with the aforementioned company will void the Tracer Tight(�D certification. Certified By, Anthony hak Affiliate Department Supervisor P AIR Praxair Services, Inc. 3755 North Business Center Drive Tucson, Arizona 85705 Tracer Tiight@ Leak Detection Method Manufacturer's Certification Certiftes: Mark Auer Sr. Licensed Affiliate Unified Services of Texas, Inc. Certification Valid 01124104 Through 01124105 The employee listed above has completed sufficient training and/or requirements and has demonstrated certifiable knowledge to perform Tracer TighWo Leak Detection Services. Termination with the aforementioned company will void the Tracer Tight@ certification. Certified By, 4 Aznthony tak Affiliate Department Supervisor = PRA=R I i PraXalr Services, II1C, 3755 North Business Center Drive Tucson, Arizona 85705 Tracer Tight@ Leak detection Method Manufacturer's Certification Certific-s: Marshall D. Ryan Licensed Affiliate Unified Services of Texas, Inc. Certification Valid 01124104 Through 01124105 The employee listed above has completed sufficient training and/or requirements and _ has demonstrated certifiable knowledge to perform Tracer Tight& Leak Detection Services. Termination with 93e aforementioned company will Wad the Tracer TightO 4 certificatron. 1 Certified By, Anthonytai': + Affiliate Department Supervisor PRAMIR lip f i i Praxair Services, Inc. 3755 North Business Center Drive Tucson, Arizona 85705 Tracer Tight® Leak Detection Method Manufacturer's Certification Certifies: Mike Blankenship Licensed Affiliate Unified Services of Texas, Inc. Certification Valid 01124104 Through 01124105 I The employee listed above has completed sufficient training and/or requirements and has demonstrated certifiable knowledge to perform Tracer Tight(D Leak Detection Services. Termination with the aforementioned company will void the Tracer TightU certification. Certified By, Anthony Otak Affiliate Department Supervisor i t'tr e7 5z Cz lz - a Z 4 Pz K a ' cn A{s r 8d Ell J� 13qn C 0 w t 7; 11 o �+ i R-M f AAis awnns a m : T I tin i=. T qa-4 i P� f tE ` � 4 a Q U C1 cu , ,r•a'ryr+•' aF� Tw - _ �, ,"",9- ...o .a.-�•._._.. ,�. .x.'n%ie sR' V+4K.. r -,,,j n � r-n rrn � � v-r r��r a•i-+r- rti�.�nr v. n + r ,..r r r r..� i 2.12 PR[}MER"S LEGAL AND COMPIJANCE HISTORY Provider's legal and compliance history is a critical component of this Request For Proposal. Read this section with care and respond accordingly. Failure of the Provider to provide all the information requested and to certify the report,will result in the Providers submittal being declared nonresponsive. Provider shall attach a written report of legal actin brought against ? Provider; ? Provider's officers; ? Provider's employees;AhM ? Provider's proposed subcontractors The report shall include all legal action brought within&e (5) years of the dosing date of this Request for Proposal . The report shall detaB the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all flues,judgments, and/or se*ments. Include the following information for each case at a minimum: ?? Style of Case(X vs. Y} ?? Settlement Information(as appropriate) ?? Cause Number ?? Names/Addresses of all parties maned i ?? Court ?? Counsel List and phone numbers I ?? Date of Disposition ?? Judgement and Order of Judgement "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (iciluding its predecessor agencies the Texas Natural Resource Conservation commission, Texas Water Commission and the Texas Air Cartrol Board), the Texas Department of Health, and any other state agency, commission or departuaent, whether in Texas or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the prot=finn of V I lu this context,,enforcement action shall include without limitation, written warnings notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution. Legal action also means any civil litigation brought by any persomebak ig, to the protection of the en5dronment 'RELATING TO THE PROTECTION OF THE ENVIRONMENT"means: requirements pertaining to the manufacture, processing, distribution, use,handling, storage, transportation, reporting, records keeping, permitting,licensing,treatment, disposal,emission,discharge, spill,releaser threatened release of (a) Hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste,solid waste,pollutants or contaminants into or onto the: (1) Air, surface water, drinking water, groundwater, stun water, publicly owned treatment works,or land. THE REPORT SHALL BE SIGNED AND CERTWIED by an authorized representative of the 2-15 i v I ps I Provider, using the form on the following page.The top portion of the form is to be completed if a report is attached. The bottom portion of the form is to be completed if Provider has no legal actions to report. An authorized representative of the Provider shall mean(1)if the Provider is a corporation: the president, secretary, or treasurer, or a vice president of the co rporation in charge of a principal business function,or any other person who performs similar policy or decisiomnalcing functions for the corporation, (2) if the Provider is a partnership, a general partner; and (3) if the Provider is a sole proprietorshp, the sole proprietor. INCLUDE A COPY OF THE REPORT FOLLOWING THE CERTIFICATION PAGE BOUND WITHIN THE PROPOSAL PACKAGE a-x s r Certification. of Contractor's Legal and Compliance History Complete jhr- of the Following Certifications I certify under penalty of law that the attached report of Contractor's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gager and evaluate the information submitted_ ltsed on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that the re are significant penalties for submitting false information,including the ptassihtlity of lone and irrrp>ssonirrmt for knowing violations_ CONTRACTOR: BY: Company Name (print or type came of signatory) oigmrurt} Title(print or type) Hate I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiryof the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years To the best of my knowledge and belief, this statement is true,accurate,and complete. I am aware that there are significant penalties for submitting false aforrnatirm, including the possibility of fine and impnsonmeut for knowing violations. CONTRACTOR: Unified Services of Texas, Inc_ BY: Marshall D_ Ryan Company Name (print or type name of Siguatary) President (sig e} Title{print or type} Vie— date 2-17 I 2.13 HLAL` H&SA MID PROGRAM MANiITAT S Each Provider should submit a copy of their Corporate Health and Safety Proms Manual and a copy of their proposed Health and Safety Plan for this project. 3NCLUDE A COPY OF TSE PROPOSED HEALTH&SA-k'ETY PLAN FOR THIS PROJECT FOLLOWING THIS PAGE,BOUND WITHIN TBE PROPOSAL PACKAGE. INCLUDE A COPY OF TBE CORPORATE HEALTH&SAFETY PROGRAM MANUAL BOUND SEPARATELY BUT MAU"WIT HIN THE SAME ENVELOPE. 2.16 i to t S'T'ANDARD HEALTH AND SAFETY PLAN S I UNIFIED SERVICES OF TEXAS, INC. �y JANUARY 2, 2Q©2 G UST Jab Na. (Various) t RESTRICTIONS ON THE USE AND DISCLOSURE OF INFORMATION A"/OR DATA TM-igen sndlu dri edYalpse�+a�n is Ors sde YnP�Y o1 tM sora p�°ii°rlT dL1rlM Serroey a}Tn+Psh+C.(V."T)anrt seuf rd�dq�ca$ee,�esrl,a dsdo-ani in wtrdr a fn Parr and d.dassd Nslde llSPbarty pupaas Wtliorl apedde wieanarBrwily OyU57.Ttrlsrnee�drond..erolfn:e are uss endemwJm aaeY�t cl.le mr�pnpl ryerpin,ilsuch it Rotirn uMvu aau is andiw4luns vMrrortr..�Tia+� rnNmm.Tiro moidw■pplr to at Igift m`Om arok r data Wrgirad Horror. f .. I STANDARD HEALTH& SAFETY PLAN CLIENT& LOCATION: Various 1� SAFETY REPRESENTATIVE: Various 1 LAW ENFORCEMENT AGENCY: 91 1 FEM DEPARTMENT: 911 ENVIRONMENTAL COORD: Various TNRCC DISTRICT OFFICE: EMERGENCY RESPONSE: 911 NEAREST LOCAL HOSPITAL: HOSPITAL ADDRESS: ROUTE TO HOSPITAL: (Attach a map of route to hospital) L L w THE USE OR DISCLOSURE OF THE INFORMATION ANDIOR DATA CONTAINED HEREIN IS SUBJECT TO THe RESTRICTIONS ON THE TITLE PAGE C SOP-2 ! STANDARD SAFETY PROGRAM PLAN I. INTRODUCTTON The safe practices described in this plan have been developed for the protection of each employee, consultant and subcontractor performing tasks on a project site, as well as for the protection of members of the general public that may enter the job site, whether such entry was authorized or not. For the purposes of this plan, theterm "accident" shall be defined as an " unforeseen or unplanned event". Therefore, UST's accident prevention policy shall be to prevent the occurrence of unforeseen and/or unplanned events in the workplace. Very often, accidents happen without warning, with the cause of many being the combination of a lack of knowledge, inattention,and thoughtlessness on the part of the employee himself The lack of knowledge of or the willful and intentional noncompliance with proper safety precautions contained herein, as well as other special safety procedures that may be i imposed for a specific project, will not be tolerated and will be deemed inexcusable_ Each UST employee must establish and maintain a thorough working knowledge of UST's Standard Operating Policies and Procedures, including this Standard Safety Program Plan, and refer to each as may be required to ensure the safe,proper and prompt completion of each task assigned. The effectiveness of UST's Standard Safety Program depends upon the participation and cooperation at every level;management,supervisory personnel, craftsmen,tradesmen, laborers, consultants and/or subcontractors. The policies and procedures contained herein have been reviewed by senior management and are hereby implemented_ UST's Safety Manager is assigned principal responsibility and authority forthe implementation ofthe Standard Safety Program Plan. It is concluded that each employee has a moral obli ation to themselves,their family,their fellow workers, UST and the general public to do everything possible to prevent accidents. The provision of safe,efficient equipment along with every conceivable safety device will not in itself ensure a working safety program. It is however,the careful observance of safe practices and the application of common sense on the part of each employee, that will best eliminate risk and prevent accidents. Safe and carefuI habits result naturally from good work practices and may be acquired by personal experience or by profiting from the experience of others. To aid each employee in developing safe work habits, UST has prepared this Standard Safety Program Plan discussing many of the safe working procedures to be followed on the job sites_ All employees should THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 3 TO THE RESTRICTION ON THE TITLE PAGE 7R SOP-2 ireview this plan carefully and become thoroughly familiar with the types of potential hazards and the applicable safety precautions outlined herein. Too much emphasis cannot be placed on the importance of knowing how to work safely! It is your responsibility-- YOUR LIFE AND THE UVES OF OTHERS DEPENDS ON IT? U. GENERAL SAFETY POLICY UST enjoins each employee to take a proactive role in providing for the safety and well being of all employees and other personnel that may be present at the time of an accident_ Each employee is specifically requested to immediately advise the Safety Manager, supervisor or any member of management, of any unsafe condition, practice or procedure. Suggestions for improving any aspect of safety are always welcomed. Safety is everyone's responsibility and requires the full cooperation of all employees, consultants, subcontractors and management. M. DISCIPLINARY AND ENFORCEMENT POLICY A. Basis_ for the poiia. State and federal law requires every employer to take affirmative disciplinary action against every safety violator. Therefore, a company-wide policy has been adopted to take affirmative types of disciplinary action against any worker who knowingly or willingly violates any established safe work policy, procedure or practice. B. Employee Responsibility6es). Employees shall assume responsibility for assuring that their work activity is performed in a safe manner and that it complies with this Standard Safety Program Plan_ Employees shall keep a copy of this plan readily available during working hours. Additionally, a copy of this plan shalt be carried in each UST vehicle. Lost,damaged or misplaced copies will be reissued upon request. C. Disciplin Pol icy. Each employee shall,as apart of their indoctrination process, read and provide his written certification that he understands the disciplinary actions as set forth in this section. This is the formal process selected by UST, to advise each employee in detail of what type of disciplinary action will be taken for violating UST's Standard Safety Program Plan. By axing his signature as required, each employee certifies that he has read, understands, and will comply with the Standard Safety Program Plan and other special safety instructions as may be given from time to time. The minimum disciplinary actions as outlined herein,will be strictly enforced. However, UST reserves the option to take such other action as deemed appropriate, including termination of the employment of the violators), regardless of the number or severity of the offense(s). UST formulated this disciplinary policy and procedure based on the numerous State and TI4B tfWdR,pW*CLQ,SURE OF THE FORMATION AIJMM94TA Ci]NTAWED HEREIN 5 SUBJECT TO'TR"Tm Pa on THE Tl PAGE t►• �L•�yx. r I FW SOP-2 Federal(Occupational Safety and Health Administration(OSHA))decisions that every employer must discipline employees for safety and health violations. The safety procedures outlined in UST's "Standard Safety Program Plan" are for the protection of all employees,consultants,subcontractors and the general public. Accidents happen without warning, with many caused by the carelessness of the worker himself. UST will make every effort to ensure the health and safety of all workers in every 4 situation. No worker will be required or knowingly permitted to work in an unsafe or unhealthy environment, except for the purpose of making it safe and.healthy and then only after proper P, precautions have been taken to protect the worker while engaged in such work. However, sometimes we are faced with a situation where the worker is aware of the correct work practice that has been adopted for his protection, but the worker has either failed from neglect or has refused to comply with established UST and/or OSHA recognized safe work j practices and therefore, must be disciplined. ,j The following policy has been adopted by UST, as its company-wide policy for each employee, consultant or subcontractor, who knowingly and willingly violates any established LIST or OSHA procedure, regulation, or order which has been adopted for employee safety and health or protection of the general public. 1 The Safety Manager or designated representative,shall conduct a thorough investigation of each safety violation reported. The purpose of the investigation shall be to determine the effectiveness of established safety policies and procedures, as well as any Violation(s)of the Standard Safety Program Plan. A report of the findings shall be presented to UST senior management as soon as passible. 2 Should a violation of UST's Standard Safety Program Plan be noted, written notification of the violation shall be provided to the responsible '! employee. The employee shall be required to acknowledge receipt of the } notice of violation, and he shall then have a period of not more than five (5) working days to respond in writing. Acknowledgment of the receipt of the notice of violation will in no way be construed as an admission of guilt or responsibility by the employee, for the alleged violation_ Each notice of violation shall be serialized and a copy maintained by the:Safety Manager, in a chronological file. 3. Upon receipt of the employee's written response, the Safety Manager and/or UST senior management shall within five (5) working days, formally notify the employee of the action(s) to be taken. Disciplinary THE LISE OR DISCLOSURE OF THE INFORMATION ANQIOR DATA CONTAINER I FASN iS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE SOP-2 actions toward the responsible employee shall be based upon his previous history of non-compliance and shall be determined by researching existing records for a period not exceeding the most recent twelve (12) months prior to the date of the particular violation in question. (a) If no prior violation exist within the allotted twelve (12) month period, the minimum (Level 1) disciplinary action shall be taken. (b) If the violation is determined to be "serious" in nature, the minimum action taken shall be based on the 2nd disciplinary level(Level 2),resulting in one day off without pay. As each new violation occurs, the next appropriate action based on the total violations within the previous twelve (12)calendar months, shall be taken. 4. Disciplinary Procedure. (a) Level 1 - The violator shall attend, on his own time, additional safety instruction provided by his supervisor and/or the Safety Manager. The employee must agree to future compliance. (b) Level 2-The employee shall be immediately relieved of all responsibilities concerning the task at hand, required to submit a written statement of the alleged violation, and/or discuss the matter, in detail, with the Project Manager, Safety Manager, and/or other members of UST's senior management. If a determination is reached that the employee violated this plan, he shall not be permitted to work the next scheduled work day. The employee must agree to future compliance. (c) Level 33 - The employee's actions indicate a continuous disregard for the policies and procedures contained herein. The Safety Manager may elect to repeat the actions detailed in Level 2, or he may recommend that the consistent violator's employment be terminated. N. SAFETY P43LYCiES AND PROCEDURES THE USE DR PISCL0.5IJR>r OF THE.INFORMATION AND/OR DATA CONTAINED HEREIN IS SU13JECT 6 TO THE RESTRICT ION ON THE TITLE PACE P" SCEP-2 t The following safety policies and procedures summary is to be reviewed by each new employee as a part of their indoctrination process. Each employee shall affix his signature and date to the form provided, affirming that he has read and understands the following summary_ I General Safely and Procedures. The following general procedures are ,provided as an initial safety indoctrination only. These procedures are not intended to be the sole source of safety related information that will be required of each employee. A_ Check your work area to determine if a problem or hazard may exist. B_ Since your assigned activity may endanger other workers, the public, or nearby equipment and materials, take all of the steps necessary to ensure their safety. C_ Review the safety requirements for each work assignment. If they are not clear or if you have any questions, ensure that you discuss them with your supervisor_ You will not be expected or permitted to do your work in a manner which might result in injury to f yourself or others. I ^� D. Acquaint yourself with emergency procedures and notification mechanisms, and anticipate what you will do cases of fire, explosion, cave-in, or injury to yourself or another person. E. Ensure that unsafe and defective equipment, hazardous conditions and unsafe practices or behavior of other workers are reported to your supervisor_ F. if you are observed engaging in unauthorized and/or unsafe activities such as horse play or roughhousing on any job site, you will be subject to irimediate disciplinary action and/or dismissal. G. If you are either known to be, or reasonably believed to be, under the influence of an intoxicating or debilitating substance,you will, as a minimum, not be permitted on the job site, and you may be. subject to immediate disciplinary action and/or dismissal. Should ' you be injured on the job site while you are under the influence of an intoxicating or debilitating substance, you may be denied all rights to Worker's Compensation Benefits. THE USE OR DISCLOS URE OF EHE fN F©RMA DON ANDIOR DATA CONTAINED HEREIN IS SUSJECT 7 TO THE RESTRIGTtON ON THE TITLE PAGE SOP-2 H_ Management and supervisory personnel shall not knowingly permit or require an employee,consultant or subcontractor to perform any task,while their ability or alertness is so impaired by fatigue, illness or other causes so as to unnecessarily present exposure to additional risk or injury, Report all work-related injuries and illnesses to your supervisor, forthwith or as soon as possible prior to the end ofthe work period. Failure to report any work injury or illness may result in disallowance of any claire and shall be grounds for immediate disciplinary action and/or dismissal. J. Failure to follow safe practices relating to your own safety or that Of fellow employee, or the failure to safeguard equipment, tools, or materials properly shall be grounds for immediate disciplinary action and/or dismissal. K. Neither gasoline nor any other substance,not specifically approved for the cleaning task at hand, shall be used for cleaning purposes. L. Each employee assigned to a specific project, shall attend short "tailgate" safety meetings conducted at the start of each project, by supervisory personnel_ Tailgate safety meetings shall be conducted every two weeks during the project, or at anytime additional or unusual risk is anticipated to be encountered. The purpose of the tailgate safety meeting is to acquaint each employee with the site safety equipment and its location, specific emergency points of contact and telephone numbers, as well as emphasize that appropriate safety precautions be followed. M. For your protection, it imperative that all job site warning signs, such as "Keep Out", '"No Smoking", "Hard Hat Area", "Eye Protection Required","Authorized Personnel Only",shall be strictly followed. Failure to observe posted warning signs is grounds for immediate disciplinary action and/or dismissal. N. Personal protective equipment(PPE), such as safety glasses, foot, hand and tread protection, impervious outer clothing, respiratory support, etc. shall be wom as required,by each employee engaged in an activity requiring a minimum specific level of PPE. 0 Employees shall not ent filmed_717M e.g. manholes, THfi USE i,R ViS C LC SURE OF THE INFORMATION ANWpR DATA CONI INEG HEREIN IS SUBJECT TO THE RESTRICTI N ON THE TITLE PAGE � J I SOP-2 underground vaults, chambers, tanks, pipes, silos, or other similar locations, until authorized by a "Competent Person" certified by UST, and then only under UST's Confined Space Entry Permit Program. Employees shall not enter "confined spaces", e.g. + manholes, underground vaults, chambers, tanks, pipes, silos, or A other similar locations, until authorized by a "Competent Person" certified by UST, and then on1v under UST's Confined Space Enta Permit Pro *ram. As a minimum, the atmosphere within the confined space shall be tested utilizing UST's MSA Passport four way meter, and it is determined that the atmosphere within the confined space is well below the lowest explosive limit(LEL), 5% l or less LEL,the oxygen content is between 19.5% and 21.3%, the Carbon Monoxide(CO)less than 10%and the Toxicity is less than 10%, NOTE: Initial entry into a confined space with LEL above 0% and/or oxygen at or below 19.5% will be completed in a fully respriated (demand air) condition only. R A trench is defined as an "excavation that is less than four feet 4" in width, and is deeper than five feet (5')"- An excavation exceeding ten feet(10')in width regardless of its depth, is classified as an excavation. No employee shall enter any trench (e.g, manhole, or borepit), five feet (5) or more in depth unless it has been adequately shored or sloped. Q. Disregarding or circumventing established safety procedures, or taking shortcuts toward job safety,shall not be permitted,especially when the use of ladders,catwalks,shoring and other safety devices or safeguards are involved_ R. You are enjoined to recognize that a safety procedure can be Lchanged only when life or property is in immediate danger! S, Good housekeeping practices area necessary part ofjob site safety, L and shall be employed in your work area- You shall be required to pick up your tools when they are no longer needed or the job is completed- Do not leave tools and other materials where they will L be hazards to others. T Bottled compressed air or gases shall be used only for the purpose PR THE 515E OR W9WLil5L1RE O THE WFORMATk7H AhtDU OR DAT.ki:ONTNNEU H E!N 1S SUeJECT ro fm RESTRCCTION ON TITLE PAGe SOP-? intended. Blowing dust or dirt from clothing in this manner is an extremely hazardous practice that may result in severe personal injury, and is grounds for immediate disciplinary action and/or dismissal- U_ Riding on any moving equipment in a manner not intended by the equipments manufacturer shall not be permitted unless suitable seats, platforms, handholds, guards, or other appropriate means have been authorized and are installed for that purpose. - 2. Minimum Safety Policies and Procedures. In addition to the general safety requirements detailed above, the following safety policies and procedures have been adopted as the NUN MUM safety requirements with which you must comply at all times. These safety policies and procedures are intended to ensure the safe and proper completion of each task assigned. n READ UNDERSTAND AND OBSERVE THE_M - YOUR LICFE MAY WELL DEPEND UPON IT! Should your specific work activity not be adequately addressed herein,you are requested to contact the Safety Manager to discuss those safety precautions and safeguards that may have been omitted. Whenever a safety policy and/or procedure is adopted, regardless whether you were informed by oral or written directive,you are hereby directed to obey it. Each employee has the right and obligation to question what they believe is an unsafe policy or procedure. Should you not agree with the oral or written directive,you are requested to inform your supervisor and if necessary, senior management, in writing_ HOWEVER, UNDER NO CIRCUMSTANCES ARE YOU TO UNDERTAKE ANY TASK THAT YOU BELIEVE WILL PLACE EIJUER YOU OR ANOTHER EMPLOYEE, CONSULTANT OR SUBCONTRACTOR,_ IN IlVIl177NLNT DANGER. l� A. Personal Protective Equipment(PPE) t. All employees shall wear a "Hard Hat" at all times when on a jab site involving construction equipment- Additional PPE shall be worn/used as may be required by the specific task being Performed at the time. 2. Employees shall wear proper eye and/or face protection when exposed to flying particles, dust, chemicals, harmful light rays,or other hazards to the eyes or face. 3 Hann protection shall be worn when handling objects orsubstances which may cut, tear, bum. or irritate the hands or skin. In such instances, body protection may also be required. THE 115E OR DISCLOSURE OF THE INFORMATION ANWo TO THE REST CONTAIN R CMNON THE TITLE tLE PAGE SOP-2 4. Any employee exposed to vehicular traffic shall wear reflective type garments, headgear, or flagging vests. Additionally,.flagmen must use proper hand signals and warning signs to direct traffic flow, 5. Employees shall wear an appropriate heavy leather steel toed work boot at all times. Sandals, sneakers, or tennis shoes shall not be permitted. Rubber boots will be provided when working with concrete, mud, water, or other substances requiring their use. 6. Respiratory equipment will be required for any area where a suspected hazard may exist due to the presence of harmful fumes, mists, vapors, or dusts, 7. Employees shall not enter "confined spaces", e.g. manholes, underground vaults, chambers, tanks, pipes, silos, or other similar locations, which may or may not receive adequate ventilation until authorized by a "Competent Person" certified by UST, and then 1 only under UST's Confined Space Entry Permit Program. As a minimum,the atmosphere within the confined space shah be tested utilizing UST's MSA Passport four way meter,and it is determined that the atmosphere within the confined space is welt below the lowest explosive limit(LEL), 5% or less LEL, the oxygen content is between 19.5%and 21.3%,the Carbon Monoxide(CO)less than 10% and the Toxicity is less than 10%. & Entry to a confined space is authorized only when UST's Confined Space Entry Permit Program has been im lemented for the space to be entered. Continuous ventilation and monitoring of the confined space is required_ Each employee entering the co4nfined space must wear a harness type safety belt with an attached lifeline tendered by a qualified combined space entry attendant outside the entry point. If entry is to be made in a vertical decent, a minimum of co-workers must be readily available,outside,for immediate assistance in an emergency. One of the two co-workers must be a qualified confined space entry attendant. B_ Hazardous Materials 1 The employee may encounter hazardous or questionable substances or chemicals during the course of work. Should this occur, he should immediately report the situation encountered to his THE USE OR DISCLOSURE OF THE INFORMATION ANICWOR DATA CONTAINED HERFJN IS SUBJECT TO THE RESTRICTION ON THE TTTLE PAGE I r rr SOP-2 supervisor. You are advised that UST complies with the Hazard Communication Standard (HCS), Material Safety Data Sheets (MSDS)for each hazardous substance commonly encountered by an employee are maintained on file in the HAZCOM program binder_ The HAZCOM program binder is available for your review and use at UST's office. 2. The MSDS provides information the manufacturer of a chemical considers necessary for you, the worker, to determine what chemicals are in the product and what steps to take to protect yourself when using the product. 3. Under the provisions of the Hazard Communication Standard (HCS), UST is required to provide you with the opportunity to review the HCS program, chemical inventory list and copies of MSDS's for chemicals you are working with. 4. More information on MSDS,chemical information references and chemical safety can be obtained by asking your supervisor. C. Hot, Corrosive, or Caustic Material Handling ] Proper head, face, eye, hand and skin PPE must donned prior to handiing any material that has an excessive temperature or corrosive/caustic properties. Hot drop and spill containment kits are required. 2. If required, respiratory PPE will be provided. 3. When handling these types of materials; (a) Move cautiously over rough or uneven surfaces, (b) Do not pass them over anyone working in lower elevations_ (c) If possible, do not carry these materials up and down ladders. (d) Hot lead or joint compound should never be poured into a wet joint or handled with a wet ladle. Stearn formed can splatter the molten material and cause serious injury. (e) Ensure that hot drop and spill containment kits are available and near at handrp iar to handling any of these type substances. (f) Never handle these type substances without a safety THE USE OR DISCLOSURE OF THE INFORMA71ON ANDJOR DATA CONTAINED HEREIN IS SUBJECT 12 TO THE RESTRICTION ON THE TITLE PAGE u� observer in the close proximity. SUP-2 D. Material Lifting, Handling, Storage and Disposal 1. Empioyees must never place their hand between the slings or chokers and the load when rigging or handling the load. 2. Crating materials, banding straps, etc., must be promptly disposed of to prevent needless tripping hazards for all workers and the general public. Only wire rope cables, slings and/or chains shall be utilized that have been certified by an authorized testing agency to safely lift the weight of the load expected. Certification labels shall be attached to each such certified wire rope cable, sling or chain. Any wire rope cable, sling or chain that has been crushed, frayed, or otherwise weakened must not be used! 4. Wire rope cable or sling must not be used without at leastthree"U" clamps properly installed. (a) WRONG METHOD - Staggered Clips. (b) WRONG METHOD -U-bolts on live end of rope. (c) CORRECT METHOD - U-bolts or clips on short end of rope. - 5. All materials must be properly stacked and secured by blocking, stacking, banding, interlocking tiers, or ether means to prevent rolling, tripping, sliding, falling, or collapse. 6. The storage of materials must not obstruct a safe means of travel throughout storage areas, aisles, stairs, ladders, or other passage ways around buildings or other structures. 7. Special considerations to safety control of foot and vehicular travel must be taken when materials, such as barricades,special banding, blocking, flashing lights, etc_ are going to be Ieft unattended adjacent to any public walkway and/or roadway. S Proper lifting techniques shall be observed when manually I handling any size, shape, or weight of materials, The employee is expected to observe the following specific rules: THE USE OR DISCLOSURE OF THE INFORMATION ANDIOR DATA CONTAINED HEREIN IS SUBJECT 3 TO THE RESTRICTION ON THE TITLE PAGE r r SOP-2 (a) When preparing to lift the load, bend your knees-do not stoop from the waist. (b) Keep your back straight and parallel to the load. (c) Using your legs, lift gradually and avoid twisting, or rr jerking movements. (d) When lifting bulky or heavy loads, get assistance. (e) Utilize a lower lumbar back support belt when P" lifting heavy objects. 9. Motorized or special handling equipment shall be used to move heavy or bulky objects. 10. No pipe, manhole, or other heavy object, shall be moved over a ^' trench or other excavation area where workers may pass beneath the load until the installation crew members are ready to receive and handle it. 11. Do not swing or suspend a load over any person, vehicle, or 1 equipment_ Loads should be controlled by tag/guy lines to ensure their safe handling. E. Hand Held Power Tools 1_ Each employee shall each day prior to use, inspect all personal tools and/or company-furnished tools, to ensure that the tools are in good working condition. Damaged or defective tools must be returned to the shop and tagged for repair. I When using the below listed tools or working near others using such tools, employees must use the PPE specified. If you are not sure of the type of PPE to use, or of the manufacturer's safety instructions, contact your supervisor. (a) Concrete and/or asphalt breakers e.g. air-, electric-, or jack hammers,tampers,whackers,or other such equipment shall require the use of eve_& foot protection. Hand protection is recommended. (b) Chipping hammers, impact wrenches, reamers and other power actuated tools shall require the use of eye protection. Hand protection is recommended. THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUWaCT la TV THE RESTRICTION ON THE TITLE PAGE I SOP-2 (c) Cutting torches, arc welders, and other such equipments shall require the use ofeye,face, harry!and skin protection, (d) Grinders, chippers, asbestos pipe cutters/shavers and other such tools shall require the use of e e & res irato protection. Hand protection is recommended. 3. As a rule,tools should not be carried in pockets. Specifically,sharp-edged or pointed tools shall not be carried in pockets unless adequately protected by an approved cover. 4. Cold chisels must be kept ground at the top to prevent mushrooming the head. A screw diver shall not be used as a chisel. S_ Extensions on come-a-longs, wrenches, jacks or hoists must not be used unless specifically designed for such use. pipe cheaters must be of metal piping with a wall thickness not less than that of a typical SKID 40 grade_ 6. No tool or equipment shall be used without its guard in place and operable. ?. A hand-line will be used to hoist and lower small tools. Hoisting by the cord or hose is to be avoided. 8.. Extension cords and hoses must not create a trip hazard and obstruct safe means of egress by workers and/or the public. Extension cords must be adequately protected from damage by equipment, materials, or vehicular traffic, 9. With the exception of those portable electrical tools having a "UL Approved Double-Insulated" label, all portable electrical tools must be grounded with ground fault protection device, 10. All pneumatic hose connections must be securely fastened by the means of a safety wire or cotter pin,and attached to the"OSHA" check valve at the corepressor_ Bleed air must be turned off before attempting to disconnect the hoses from the compressor. 11. Compressed air shall not be used to remove dirt or dust from any part of any persons's body or clothing. 12. Safety clips or retainers must be used on all pneumatic tools to prevent the I tool bit from being accidentally expelled from it's receiver_ THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA GONTAJNED HEREIN IS SUBJECT To THE RESTRICTION ON THE TITLE PAGE .w I SOP-2 13. Powder-actuated tools may be used only by persons licensed to use that particular tool. The license must be in the workers possession and warning signs must be pasted. P Trenching and Excavation Safety I A designated "competent person", that has been formally trained and has the complete authority to suspend work activities should conditions warrant, must be in the near proximity of any trench or excavation where employees, consultants and/or subcontractors are working. The terrain, subsurface strata and possible presence of underground utilities must be considered carefully, to determine any special procedures or safeguards that may be required_ 2. The competent person and each employee assigned to work in the trench or excavation is responsible for completing a physical inspection of the walls and any shoring installed., each day. Each employee is expected to check his immediate work location just prior to entering to assure stability, while the competent person must check all open trench sand excavations for signs of possible cave-ins. 3. Every trench or excavation five feet (5") or more in depth, must be evaluated by a competent person and be properly shored, sloped, benched, or equivalently safeguarded against the possibility of a cave-in, as may be required. Additionally, each excavation shall be clearly marked with a "YELLOW SAFETY LINE" installed two feet (2") from the open edges, indicating the boundary of approach. No construction equipment or employee is permitted inside this boundary without authorization from the Site Safety Manager(generally the site supervisor). 4. If evidenced of cave-ins,sl uffs or slides are discovered,all work within the trench or adjacent to the face must cease, Work activities maybe resumed only after all necessary safety precautions have been taken to correct the danger and inspected by the competent person. 5. When a shoring method has been adopted for your,protection,shores must be installed at a maximum of eight feet (8") on-center, except when the f trench exceeds ten feet(10) in depth, the shores must then be installed at 4 a maximum of six feet(6") on-center- 6, if sloping of the trench (walls) is the than adopted-to prod workers I THE USE OR ORSCLOSURE O THE INFORMATION AN[1lOR DATA CONTAINED 3REIN IS SUBJECT 16 TC THE RESTRIC_WN ONT E TITLE PAGE f l SOP-2 against the hazard of cave-ins, the earth must be sloped a minimum of one to ane(1.1)' ratio to vertical. Ifa combination ofvertical wall and sloping is used, UST will obtain the necessary soils report, as may be required, prior to permitting workers to enter the trench. 7 When the soil conditions are determined not to be stable(any classification other than Class 1),UST may provide special trench shields in lieu of other methods of excavation safety, If a trench shield is used in place of shoring or sloping, employees must always stay inside the shield when working in the ti-ench and carefully follow the applicable safety instructions for the shield. 8. Excavated soil must be placed at least two feet(2) away from the edge of all excavations that are five feet(5')or more in depth. Stockpiled soil must be prevented from falling or eroding into the excavation. Soil excavated from trenches less than five feet(<5'), shall be stockpiled at least one foot (1) from any open edge. 9. Employees shall always use ladders for ingress or egress to an excavation. Climbing on trench shoring or bracing but must avoided at all times. Ladders shall be within twenty-five feet (25') of personnel working in a trench. Ladders must be secured to prevent falling. 10. Walkways shall be constructed with a minimum width of twenty inches (20"), Each walkway must be located in an appropriate location that will facilitate safe access by either employees or members of the general public. 11. To preclude trapping another employee working in the bottom of an excavation, both assigned employees and supervisors shall visually examine the excavation before backfilling operations are commenced. 12. Shoring must be installed from the top-down and removed from the bottom-up. 13_ With the exception of rescue operations where time will not permit the complete implementation of this safety program plan, these minimum safety requirements are not to be violated, regardless of contrary orders by a supervisor_ 14. Employees shall utilize a full body harness and a retrieval device as required by OSHA while entering and working in an excavation_ THE USE OR OPSGLOSURI-OF THE INFORMAVON ANDIOR DATA CONTAINED HEREIN IS SUBJECT 17 TO 711E RESTRICTION ON THE TITLE PAGE SOP-2 1 G. Company Trucks and. Automobiles ALL UST VEHICLES ARE NON-SMOKMG VEHICLES. Failure to observe this policy may result in disciplinary action and/or dismissal. 1. Employees are prohibited from operating any vehicle without a valid driver's license and/or operator's permit in his possession. Additionally, only employees that have been specifically trained on the proper operation of construction and related equipments are authorized to operate such t equipment. I• ?_ Before operating any motorized equipment a check will be made to ensure that the following items are operating properly. (a) Headlights (b) Tail lights (c) Turn signals (d) Mirrors (e) Windshield & wipers (f) Backup alarms (if installed) 3. Any of motor vehicle that is known to be in a seriously defective condition must not be operated. Defective items, such as broken or missing ,parts, excessive.wear or faulty conditions must be promptly reported to your supervisor, utilizing a UST Equipment Discrepancy Report. 4. The driver shall not move the vehicle until all riders comply with safety UI� precautions and all loads are well secured_ 5, Each vehicle operator shall be responsible for ensuring that no employee, consultant or subcontractor, is permitted to ride outside of the cab of any truck. Arms or legs shall not be permitted to dangle outside the vehicle windows. 5. Employees shall not back up any vehicle or equipment when the view to the rear is obstructed, unless the vehicle is equipped with an operable back-up alarm or a safety observer is used. T The driver shall ensure that any towed trailer, air compressor, or other construction equipment is securely attached to the towing vehicle_ The safety chain must be secured to both the truck and the equipment being towed. Equipment brakes and signal lights shall also be properly THE USE OR DISCLOSURE OF THE INFORMATION ANwoft DATA cowAwED HEREIN IS SUBJECT 1 TO THE RESTRICTION ON THE TITLE PAGE SOP-? connected as required. Towing vehicles should lie maLuhec: Lo Elie load requirement. S. Trucks or heavy equipment shall not be operated inside the yellow safety line around each excavation. Workers shall not be permitted inside the yellow safety line without authorization from the Site Safety Manager (generally the site supervisor). q. The parking brake must be set and the ignition turned off when a vehicle is parked. Vehicles must not be left unattended until after the motor has been shut-off, parking breaks set, and gears engaged in low or reverse, 10No employee shall work under a vehicle being supported by jacks or chain hoists without adequate protective blocking with jack stands installed to prevent injury in case ofjack or hoist failure. H_ Heavy Equipment As a service company, UST neither owns nor operates heavy equipment. UST EMPLOYEES ARE NOT PERMITTED TO OPERATE CONSTRUCTION EQUIPMENT EXCEPT AS MAY BE SPECIFICALLY AVIRORIZED BY TILE SITE SUPERVISOR. Should the occasion arise requiring that a UST employee operate a piece of construction equipment for which the employee has been certified previously, specific authorization must be provided by the site supervisor. In this case, as well as cases involving consultants and/or subcontractors, the following g safety policies and procedures shall apply: 1. Only qualified equipment operators specifically authorized by the site supervisor,shall be permitted to operate a piece of construction equipment. 2. All heavy equipment is equipped with i nition locks which must be kept f locked when left overnight. I� 3. The operator of any crane, hoist, motor vehicle, or heavy equipment must inspect the equipment,completing any required inspection log, prior to its use on each shift. If inspection reveals defective items which can cause Ioss of control of the equipment, it must be promptly reporced to the supervisor and is not to be operated until repaired. All defective conditions, such as broken or missing parts, excessive wear, or faulty conditions must be promptly reported to the supervisor on the Equipment Discrepancy Report. THE USE'DR AISCLOSURE OF THE INFORMATION ANDIOR DATA CONTAINED HEREIN IS SUBJECT 19 To THE RESTRICTION ON THE TITLE PAGE t V i SOP-? 4. Fire extinguishes are to be kept in a serviceable condition and ready to use. Equipment such as cranes, boom trucks, crawler backhoe, trucks with portable fuel tanks,trucks with gas& arc welding equipment, and all three axle trucks are to have a fire extinguisher available on the piece of equipment before it can be operated_ 5- Rated load capacity chart,recommended operating speeds,special warning signs and other essential information must be conspicuously posted on all heavy equipment, and shall be operated within those limits. 6. Equipment shall not be operated near employees who are not in clear view of the operator without the use of a safety observer. 7_ Operators shall be directed by hand signals from one person only, except in an emergency,a stop signal can be given by anyone. The operator must be in constant visual or verbal contact with the signalman at all times while moving the load. S- Only standard hand signals shall be used- The fallowing are typical of the hand signals authorized for lifting cranes. 4. All equipment must be kept at least ten feet (10') away from any power - line. 10- Lubrication of machinery or equipment while it is in motion is prohibited unless special provisions have been provided to accomplish the work safely, 11- No one, except the oiler or operator is permitted to work within ten feet (10) ofatrencher boom, conveyor or backhoe bucket when in operation. F If rocks, roo.s, or dirt need to be removed, the machine must be stepped and the boom, conveyor or bucket securely positioned. 12, boll-over protection structures ("ROPS")must be maintained on all earth moving and off-highway equipment, such as backhoe, blades, dozers, tractors, etc., regardless of the age of the piece of equipment or terrain. THE USE OR DISCLOSURE OF THE INFORMAT[ON ANJ310R DATA CONTAINED HEREIN IS SU8JkjCT 20 TO THE RESTRICTION ON THE TITLE PAGE f SOP-2 1 Welding and Burning Operation 1. Employees are enjoined to remember that all welding and burning operations have a high potential for personal injury and foes- If the minimum safety requirements cannot be assured,notify the site supervisor immediately. 2. Before starting work,employees shall ensure that potential fire hazards are eliminated or at least minimized. Portable fire extinguishing equipment shall be immediately available and within ten feet(10)of the location that the hot work is being performed. 3. When burning or welding,employees shall ensure that equipment is in safe working condition and that appropriate eye, face, hand and body PPE is used, including Nomex protective clothing. 4- When burning or welding near other workers or the general public, the employee shall ensure that the workers and/or general public are protected to the extent practical. A non-combustible screen or appropriate eye and face PPE shall be provided as required. 5. Employees shall wear safety glasses or goggles when chipping slag, grinding or performing other weld-cleaning activities which produce flying particles. 6. Employees shall not weld or burn on barrels, tanks, piping or ether such container systems, which may have contained flammable, combustible or toxic materials, without specific authorization from the site supervisor. 7- When welding,burning,orheating operations are performed in manholes, pits, tunnels, and other similar confined spaces, the use of general mechanic or local exhaust ventilation to reduce the concentrations of smoke and fumes will be required. NO EMPLOYEE IS PERNUTTED TO ENTER ANY CONFINED SPACE WrMOUT PRIOR EWLEMENTATION OF UST'S CONFINED SPACE ENTRY PERNUT PROGRAM AND UST'S HOT W ORIC PERMIT PROGRAM. Continuous air monitoring shall be performed during time employees are in the confined space or until the Confined Space Entry Permit has been cancelled. 8. Employees must keep all welding •-.and walkways, passageways, stairs, and any other loc; tion where they may create a trip THE USE ORD(SCLOSURE THE INFORMATION ANDIOR WMA Cf3NTAINED REIN IS SUBJECT r 21 ,Tty Y,}{ISE RESTPICT1ON.ON T E PTLE PAGE t f SOP-2 hazard or be exposed to physical damage. This is especially important for .. job sites where a member of the general public may gain access. 9. If a crescent or special wrench is required to open the valve of a compressed gas cylinder, the wrench shall be kept in position on the valve while in use. Oxygen cylinders shall be opened fully; acetylene cylinders should be opened only 114 turn or 7psi. The protective caps must be attached & screwed securely when cylinders are no longer being used or when being transported. 10. Matches or smoking materials shall not be used to light torches. Only approved spark ignition devices are permitted. 11_ All cylinders must be positively secured with a non-combustible material, preferably chains or wire rope harnesses, and in the upright (vertical) position whenever possible. I 12. When stored, oxygen,acetylene,and other compressed gas cylinders shall be separated by either a five foot(5')high,one-half hour fire resistant wall on three sides, or segregated by type of gas, at a distance of twenty feet (20') Between each storage area_ 13. Welding hoses and lines shall be Checked periodically for deterioration, cuts and ether damages. J_ Traffic Control 1. A suitable traffic control plan must be developed for guarding work areas adjacent to all public streets,aswell as some on-site projects of developers, before the work in the area can begin. 2. Every reasonable effort shall be taken to minimize worker exposure to moving traffic. Site planning meetings and technical discussions shall be conducted at a place away from the traffic area(s)- 3, All work areas must be clearly defined by use of caution tape, barricades and construction fencing, as appropriate_ Ingress and egress points shall be designated to ensure that foot traffic is safely routed around obstructions,such as ditches,holes, stored materials, etc.,especially on all busy streets and sidewalks. �``� f F;�T� E OR DISCLOSURE OF THS INFORMATION DATA CONTWHED HER04 IS SUBJECT 22 ;aESTRPan0N ON THE T P L E PAGE I SOP-2 4. Traffic conditions shall be carefully observed when working adjacent to any type of moving equipment or traffic. Caution must be exercised when placing warning devices_ r 5. Warning devices must be placed before positioning work equipment or materials and starting work. All warning devices should be set up in a manner that they do not themselves, create a hazard_ 6_ In situations where a motorist might not see the work area from the vicinity of the initial warning sign because of hills, curves,trees, parked vehicles, or other obstructions, a higher level warning sign with flags and/or high intensity flashers shall be used to enhance the motorist's perception. This requirement is in addition to those warning devices which are normally required for all work areas. ' 7. Additional warning devices shall be used as required, in locations such as crowded streets and dangerous or heavily traveled highways. If placing additional devices will not afford adequate protection, or if the use of sufficient warning devices is not practical, a flagman must be stationed at a location that will permit traffic to be given sufficient warning ahead of °f the work area. I 8. Flagmen must be constantly alert, trained in flagging techniques, and provided with adequate traffic control and other safety devices, including orange traffic vests for all road workers_ 9. If it is necessary to use a flagman at night or other times of poor or decreasing visibility,he must be IIturn]nated with afloodlight, wear highly reflective garments, and use a red, hand-held signaling light. K. Site Cleanliness and Housekeeping 1. It is the responsibility of each supervisor, employee, consultant and/or subcontractor, to practice good housekeeping at all times. 2, Tools and materials must not be left where they may create a hazard. 3_ Scrap materials, debris, and rubbish can easily create a hazard_ If an excess of trash exists in any work area, employees shall apprise the site supervisor ofthe condition. The site supervisor shall arrange for its prompt removal. =WFORMATION AN DOOR DATA GOWTAIMM WERE I 4 SLJ W ECT 23 TO"E FIUSTFLICTjpp QN Trig TTf E PAGE l SOP-2 4_ Soiled clothes, food scraps, and soft drink cans or bottles shall not be allowed to accumulate_ Single service drinking cups are provided for employee's convenience but must be deposited into an appropriate trash or recycling receptacle. 5. A chemical toilet shall be provided for each site where access to other facilities is non-existent or restricted. All workers shall utilize the proper sanitary facilities available as required. Failure to observe this policy or procedure may result in disciplinary action and/or dismissal. L. Shop Safety I- Floors must be kept clean,free of debris and scraps. Grease spills must be covered irn.mediately with an absorbent material until they can be cleaned_ 2. Exits shall be clearly marked and kept free of all parts, racks, tools, or other items that may prevent safe egress during an emergency. 3. Only tools that are in good condition are to be used. Worn wrenches, mushroomed heads, etc., shall not be used. 4_ Tools shall be inspected for damage and/or abnormal wear monthly. 5. A well constructed scaffold or ladder should be used when working off the ground. 6. All equipment and attachments must be blocked against movement in a stable manner,whether parked or being repaired. Blocks should be placed in crib fashion. Equipment with booms, Iifts, blades, etc.,must be parked i with the blades or buckets on the ground or with firm support. Dozer blades,truck beds,scraper bowls,bucket doors,or other suspended objects must be blocked securely before repair or maintenance work is started. w M_ Office Safety ALL UST OFFICE SPACES ARE NON-SMOKING SPACES. Offices are comparatively safe places in which to work, yet accidents occur. To make a work area safe, or when assisting in the office, employees must follow these safe practices and directions; I. Be careful not to track mud, oil,fuel,grease, etc into the office areas, wipe IM THE USE OR DISCLOSURE OF THE INFORMATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 24 TO THE RESTRICTION ON THE TITLE PAGE r+ SOP-2 your shoes on mats provided before entering the building. Waterspots and spilled liquids must be cleaned up promptly. 4 2. Scrap materials and trash are fire and trip hazards and shall not be permitted to accumulate to an excess. + 3. Telephone cords, office machine wires, wastebaskets, and other hazards underfoot may result in serious falls and injury. Storing sharp or pointed objects in your desk drawer may result in puncture wounds. 4_ Be sure you have a firm footing when you have to climb. Always use a safe step stool or stepladder. • 5. Do not conduct discussions in the opening radius of a closed door. The door may be opened suddenly resulting in head and/or body trauma. 6. Read mail and ether materials aty our desk-not while walking. r 7. Use handles when closing files, desk drawers, and safety or vault doors. Do not leave them open or attended. 8. Walk,do not run in corridors or on stairs. Use handrails when provided_ 9. Be careful on swivel chairs. Do not slump back in them without first testing the weight gradually. 1 D. Newer have more than one drawer of a filing cabinet open at a time. n lean back on two 2 legs of a chair. 11. Do of e b ( } g „ 12. Do not set heavy office machines close to the edge of your desk. V. SERIOUS INJURIES SERIOUSLY OJURED PERSONS SHOULD NOT BE MOVED, except from a dangerous area, and then with great care and gentleness. The site supervisor should be notified of such injury immediately so that emergency medical assistance can be requested via EMERGENCY NUMBER 911 or other such emergency number as may be provided for that specific project. J Before outside medical assistance arrives, there are several conditions which require THE USE OR DISCLOSURE OF THE INFORMATION ANMR DATA CONTAINED HEREIN M SUBJECT 25 TO THE RESTRICTION ON THE TITLE PAGE R FIN 5©P-2 r immediate attention. These include: A_ Serious, spurting(arterial) bleeding must be attended to immediately. Using your hand (heal or palm) apply pressure directly to the wound. Use a sterile gauze or 1rt clean handkerchiefwhenever possible. Ensuring the pressure is maintained tightly in order to restrict the release of blood from the wound area. A tourniquet should be applied only a last resort and then only btrained erner en medical personnel. B. Stoppage of breathing; immediately start mouth-to-mouth or mouth-to-nose artificial respiration. C. Electric shock; using a non-conductive material (belt, rope,shirt,etc.)remove the " victim from the shock hazard, Check for breathing and pulse, commence cardiopulmonary resuscitation (CPR)or artificial respiration if necessary. D. Drowning,get"-..,;ctim out of t1 -water in as safe a r---- ,-� ;c.,nee;hf After removal from water, check for breathing and pulse, commence CPR or artificial respiration if necessary. E. Fire; apply fire extinguisher or water source to the fire in such a way so as not to splatter any liquid material that is flaming. If a fire extinguisher or water source is not available, use another non-flammable material (dirt, sand, fuel absorber, blanket, canvas cover, etc. to smother the flames. Do not use water on an electrical fire. In most cases, the best extinguisher is the type ABC fire extinguisher carried on each UST vehicle_ LF. Snake bite; keep victim inactive and get him to a doctor immediately. G. Shock; treat the victim by keeping them lying down, warm, quiet and reassured. r f THE USE OR DISCLOSURE OF THE INFORKATION AND/OR DATA CONTAINED HEREIN IS SUBJECT 26 To THERESTRIV$014 ON THE TME PACE /a