texas department of transportationftp.dot.state.tx.us/pub/txdot-info/gsd/pdf/tss/tss9267875.pdf ·...

TEXAS DEPARTMENT OF TRANSPORTATION

PROCUREMENT DIVISION

SPECIFICATION NO. TxDOT 926-78-75* REVISED: SEPTEMBER 2015

HAZARDOUS MATERIALS MANAGEMENT AND REMEDIATION SERVICES

PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the Institute for Public Procurement. This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

1. SCOPE: This solicitation is to provide hazardous materials management and remediation services, which include, but may not be limited to cleanup, removal, and disposal of hazardous and non-hazardous materials, and materials of known and unknown origin and substance on a non-emergency basis.

Services shall be performed on highway rights-of-way, TxDOT facilities and newly acquired TxDOT property at various locations throughout the state. Locations will be provided at the time service is requested by TxDOT. Services may include all or some of the requirements specified on:

1.1. Attachment A – Final Deliverable Packet

1.2. Attachment B – Hazardous Materials Management and Remediation Services

2. DEFINITIONS OF TERMS AND ACRONYMS

2.1. COC – Chain of Custody

2.2. Demobilization: The movement of all personnel, equipment and supplies from the project site to the vendor’s nearest registered business location in Texas.

2.3. DPS – Department of Public Safety

2.4. DUI – Driving Under the Influence

2.5. DWI – Driving While Intoxicated

2.6. ENV-HMM – Environmental Affairs Division, Hazardous Materials Branch

2.7. EPA – Environmental Protection Agency

2.8. Hazmat Coordinator – TxDOT’s Hazardous Materials Coordinator

* This Specification Supersedes TxDOT Specification No. 926-78-75, Revised May 2011.

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SPECIFICATION NO. TxDOT 926-78-75 REVISED: SEPTEMBER 2015

2.9. Mobilization: The movement of personnel, equipment and supplies from the

vendor’s nearest registered business location in Texas to the project site.

2.10. Non-emergency: A situation requiring services under this purchase order, but not requiring immediate attention to prevent human harm or to reinstate the normal flow of traffic.

2.11. OSHA – Occupational Safety and Health Administration

2.12. PM – Project Manager

2.13. SOW – Statement of work

2.14. TCEQ – Texas Commission on Environmental Quality

2.15. USDOT – United Stated Department of Transportation

3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all applicable federal, state and local laws, standards and regulations necessary to perform the services, including, but not limited to:

3.1. AMERICAN PETROLEUM INSTITUTE (API) PUBLICATIONS

3.1.1. API RP 1604 – Closure of Underground Petroleum Storage Tanks

3.1.2. API 1628 – A Guide to the Assessment and Remediation of Underground Petroleum Releases

3.1.3. API RP 2003 – Protection Against Ignition Arising Out of Static, Lightning, and Stray Currents

3.1.4. API STD 2015 – Safe Entry and Cleaning Of Petroleum Storage Tanks

3.1.5. API 2015A – A Guide for Controlling the Lead Hazard Associated with Tank Entry and Cleaning

3.1.6. API RP 2016 – Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks

3.1.7. API 2217 – Guidelines for Confined Space Work in the Petroleum Industry

3.1.8. API RP 2219 – Safe Operation of Vacuum Trucks in Petroleum Service

3.2. CODE OF FEDERAL REGULATIONS (CFR)

3.2.1. United States Department of Labor

3.2.1.1. 29 CFR 1910 – Occupational Safety and Health Standards

3.2.1.2. 29 CFR 1926 – Safety and Health Regulations for Construction

3.2.1.3. 29 CFR 1926.651, Subpart P – Excavations, Trenching and Shoring

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3.2.2. United States Environmental Protection Agency

3.2.2.1. 40 CFR 260 – Hazardous Waste Management System: General

3.2.2.2. 40 CFR 261 – Identification and Listing of Hazardous Waste

3.2.2.3. 40 CFR 262 – Standards Applicable to Generators of Hazardous Waste

3.2.2.4. 40 CFR 263 – Standards Applicable to Transporters of Hazardous Waste

3.2.2.5. 40 CFR 264 – Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (if applicable)

3.2.2.6. 40 CFR 265 – Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (if applicable)

3.2.2.7. 40 CFR 280 – Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks

3.2.2.8. 40 CFR 281 – Approval of State Underground Storage Tank Programs

3.2.2.9. 40 CFR 282 – Approved Underground Storage Tank Programs

3.2.2.10. 49 CFR 171 – Hazardous Material Requirements

3.2.2.11. 49 CFR 172 – Hazardous Material Table, Special Provisions

3.3. Local Fire Marshal Regulations

3.4. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) PUBLICATIONS

3.4.1. NFPA 30 – Flammable and Combustible Liquids Code

3.4.2. NFPA 70B – Recommended Practice for Electrical Equipment Maintenance

3.4.3. NFPA 77 – Recommended Practice on Static Electricity

3.4.4. NFPA 326 – Standard for Safeguarding of Tanks and Containers for Entry, Cleaning or Repair

3.5. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH) – 80-106 Criteria for Recommended Standard for Working in Confined Spaces

3.6. TEXAS ADMINISTRATIVE CODE

3.6.1. TITLE 16 (16 TAC)

3.6.1.1. Part 4, Chapter 73 – Electricians

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3.6.1.2. Part 4, Chapter 76 – Water Well Drillers and Water Well Pump

Installers

3.6.2. TITLE 22 (22 TAC) – Part 17, Texas State Board of Plumbing Examiners

3.6.3. TITLE 30 (30 TAC)

3.6.3.1. Chapter 106 – Permits by Rule, Subchapter X, Waste Processes and Remediation

3.6.3.2. Chapter 205 – General Permits for Waste Discharges

3.6.3.3. Chapter 213 – Edwards Aquifer

3.6.3.4. Chapter 305 – Consolidated Permits

3.6.3.5. Chapter 311 – Watershed Protection

3.6.3.6. Chapter 328 – Waste Minimization and Recycling

3.6.3.7. Chapter 331 – Underground Injection Control

3.6.3.8. Chapter 334 – Underground and Aboveground Storage Tanks

3.6.3.9. Chapter 350 – Texas Risk Reduction Program

3.7. TCEQ PUBLICATIONS

3.7.1. General TCEQ Petroleum Storage Tank (PST) guidance documents.

3.7.2. General TCEQ Texas Risk Reduction Program (TRRP) guidance documents.

3.8. TxDOT "MANUAL OF TESTING PROCEDURES" 100-E SERIES

3.8.1. TEX 104-E – Determining Liquid Limit of Soils

3.8.2. TEX 105-E – Determining Plastic Limit of Soils

3.8.3. TEX 106-E – Calculating the Plasticity Index of Soils

3.8.4. TEX 110-E – Particle Size Analysis of Soils

3.8.5. TEX 113-E – Laboratory Compaction Characteristics and Moisture-Density Relationship Base Materials

3.8.6. TEX 114-E – Laboratory Compaction Characteristics and Moisture-Density Relationship of Subgrade, Embankment Soils and Backfill Material

3.8.7. TEX 115-E Part I – Field Method for Determination of In-Place Density of Soils and Base Material

3.9. Texas Government Code 2166.303 – Building Construction and Acquisition – Uniform Trench Safety Conditions

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3.10. Texas Health and Safety Code, Chapter 361 – Solid Waste Disposal Act

3.11. Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges

3.12. Texas Manual on Uniform Traffic Control Devices

3.13. TEXAS OCCUPATIONS CODE

3.13.1. Chapter 1301 – Plumbers

3.13.2. Chapter 1305 – Electricians

3.13.3. Chapter 1901 – Water Well Drillers

3.13.4. Chapter 1957 – Industrial Hygienists

3.14. Texas Statutes, Chapter 26 – Water Quality Control

3.15. Texas Transportation Code, Chapter 521.021 – Driver’s License and Certifications

3.16. United States Code, Title 33, Chapter 26 – Clean Water Act

4. RESPONDENT QUALIFICATIONS: The respondent shall:

4.1. Be a company engaged in the business of providing non-emergency environmental remediation services for both hazardous and non-hazardous materials, and materials of known and unknown origin and substance as described in Attachment B -Hazardous Material Management and Remediation Services for a minimum of five years within the last seven years. Experience in performing environmental remediation for government entities is preferred. Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

4.2. Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees.

When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the respondent's financial resources and ability to provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include:

4.2.1. Balance sheets.

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4.2.2. Net working capital.

4.2.3. Current asset ratio.

4.2.4. Liquidity ratio.

4.2.5. Auditor(s) notes.

4.2.6. Any notes to the financial statements.

5. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services, which are alike in size and scope to the services within the solicitation, completed for a minimum of five years within the last seven years. References shall illustrate the respondent’s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, email address, and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent’s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References form).

6. KEY PERSONNEL QUALIFICATIONS: The respondent shall provide the following key personnel with the required minimum qualifications for the type of work identified on the solicitation throughout the term of the purchase order. Not all projects will require the use of every individual. The vendor shall justify and obtain written approval from the designated TxDOT representative for the use of each person prior to commencing work.

NOTE: A Schedule 4 – Key Personnel Qualifications and References shall be completed for one individual to be assigned for each of the following key personnel (Ref. Para. 30.2.4.). If any of the key personnel is a subcontractor, respondent shall include this information on the Schedule 4 – Key Personnel Qualifications and References for that individual.

6.1. PROJECT MANAGER (PM): Shall have a:

6.1.1. Bachelor’s degree in engineering or earth sciences from an accredited university.

6.1.2. Minimum of five years’ experience within the last seven years including site cleanup, disposal and implementing health and safety plans. Two years of the required experience shall be direct on-scene field experience and include managing and supervising multi-disciplinary (professional and laborer) hazardous and non-hazardous material cleanup or response personnel.

NOTE: The PM may be the same individual that fills the function of the response foreman or the response technician or both. If filling multiple positions, this individual shall have the qualifications and experience required for each position (Ref. Paras. 6.3. and 6.4.).

6.2. PROJECT AND WASTE DISPOSAL COORDINATOR: Shall have a minimum of three years’ experience within the last five years in waste management and project coordination; expediting project activities, waste characterization, disposal, recycling options, and document management. This position is intended to be an administrative function only.

NOTE: This may include locating waste disposal facilities.

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6.3. RESPONSE FOREMAN: Shall have a minimum of four years’ experience within the last

five years of direct on-scene experience in hazardous and non-hazardous material cleanup activities which include response equipment operation, field construction and equipment malfunction troubleshooting and repairs. Two years of the required experience shall include supervising other personnel.

NOTE: The response foreman may be the same individual that fills the function of PM. If filling multiple positions, this individual shall have the qualifications and experience required for each position. (Ref. Para. 6.1.)

6.4. RESPONSE TECHNICIAN: Shall have a minimum of two years’ experience within the last five years in performing assignments that are normally standardized, such as operating testing or remediation equipment of moderate complexity, constructing components, troubleshooting malfunctioning equipment, making simple repairs and collecting samples.

NOTE: The response technician may be the same individual that fills the function of PM. If filling multiple positions, this individual shall have the qualifications and experience required for each position. (Ref. Para. 6.1.)

6.5. HEALTH AND SAFETY OFFICER: Shall have a minimum of three years’ experience within the last five years of direct on-scene experience providing direct oversight of the implementation of health and safety plans during hazardous and non-hazardous cleanup activities.

6.6. CERTIFIED INDUSTRIAL HYGIENIST: Shall have a:

6.6.1. Valid certification as an industrial hygienist from the American Board of Industrial Hygiene.

6.6.2. Minimum of three years' experience within the last five years in preparing Health and Safety Plans for petroleum release or waste site investigation, cleanup and disposal.

6.7. INDUSTRIAL HYGIENE TECHNICIAN: Shall have a minimum of three years’ experience within the last five years in the field of petroleum chemical release or waste site investigation, cleanup and disposal under the direct supervision of a certified industrial hygienist.

6.8. LICENSED WATER WELL DRILLER: Shall be licensed by the Texas Department of Licensing and Regulation (TDLR).

6.9. PIPELINE REMOVAL FOREMAN: Shall have supervised a minimum of three pipeline removal projects within the last five years.

6.10. MOBILE DUAL PHASE EXTRACTION (MDPE) SPECIALIST: Shall have a Bachelor’s degree in engineering or earth sciences from an accredited university. Have prepared a minimum of three PI-7 permit applications in the last five years and provided oversight of the sampling and reporting requirements of the PI-7 permit.

6.11. MDPE EQUIPMENT OPERATOR: A qualified individual that has performed a minimum of three MDPE events in the last two years including performing all air sampling and testing as required by the PI-7 permit.

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6.12. SAMPLE COLLECTOR: Shall have a Bachelor’s degree in engineering or earth

sciences from an accredited university with a minimum of three years’ experience within the last five years in collecting and shipping samples under Chain of Custody procedures.

6.13. MASTER ELECTRICIAN: Shall be licensed by the TDLR.

6.14. MASTER PLUMBER: Shall be licensed by the TDLR.

7. VENDOR REQUIREMENTS: The vendor shall:

7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

7.2. Obtain and hold for the duration of the purchase order all necessary registration numbers, licenses and oversize or overweight permits in connection with work required by the purchase order or subcontract with vendors for services the vendor does not have the required registration numbers, licenses and oversize or overweight permits (Ref. Para. 29.6).

NOTE: All other permits required to perform the service will be obtained by TxDOT.

7.3. Understand the currently known hazards and risks which are presented to human beings, property and the environment in the handling, analyzing, transporting and disposing of hazardous waste materials.

7.4. Subcontract any portion of the additional services as described in Attachment B Hazardous Material Management and Remediation for which the respondent does not have the required experience.

7.5. Complete a Final Deliverable Packet for each project (Ref. Attachment A – Final Deliverable Packet).

7.6. Have a fully staffed and functioning office in Texas. Fully staffed and functioning includes having all key personnel required to perform the service. The site shall be fully operational within 30 days after award of a purchase order. TxDOT will have sole discretion in deciding if the vendor has the resources to perform the service.

7.7. Have available key personnel and additional personnel to provide services at multiple locations, simultaneously.

7.8. ADDITIONAL PERSONNEL: The vendor shall have the following personnel available to ensure accurate delivery of services in multiple locations simultaneously, as needed:

7.8.1. Heavy Equipment Operators: Shall (Ref. Para. 9.12.2):

7.8.1.1. Be trained and qualified in heavy equipment operations which shall include, but is not limited to, all required OSHA training under 29 CFR Sec. 1910.120.

7.8.1.2. Have a minimum of one year of experience within the last three years in heavy equipment operations.

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7.8.2. Welders, Laborers, Security Guards: The vendor shall have trained and qualified welders, laborers and security guards available to ensure accurate delivery of services in multiple locations simultaneously.

7.8.2.1. Welders shall hold current certification from the American Welding Society.

7.8.2.2. Security Guards shall possess at a minimum, a valid non-commissioned security officer license to work in the state of Texas as issued by the Private Security Bureau of the Texas Department of Public Safety.

7.9. Monitor employees’ and subcontractors’ driving records. Vendor shall ensure all employees or subcontractors who may be required to drive on the highway or highway right-of-way shall:

7.9.1. Have a current valid driver license acceptable in the state of Texas.

7.9.2. Have no Driving Under the Influence (DUIs) or Driving While Intoxicated (DWIs) on driving record within the past three years.

7.9.3. Have no more than three moving violations on driving record within the past three years.

7.9.4. Have a Commercial Driver license with a Hazardous Material Endorsement if required to operate the equipment.

NOTE: Failure by the vendor to monitor an employee and subcontractor driver license record may result in the purchase order being cancelled for cause due to a violation of the Transportation Code, Chapter 521, Section 021. TxDOT may request the vendor to provide a statement from the vendor’s insurance provider, attesting to the valid status of any vendor or vendor employee driver license.

7.10. Rent equipment locally, when it is more cost effective to TxDOT for the vendor to rent than to haul vendor-owned equipment to the job site. TxDOT will pay a delivery fee at the vendor’s cost for rental equipment which shall include the equipment, transport trailer, and driver (Ref. Para. 27.1.5).

7.11. Require personnel to remain on the job-site on stand-by, if asked by TxDOT to suspend work, but remain on the job site. TxDOT will pay a single hourly rate to each individual on the job site that was asked to stand-by. The single hourly rate will be paid to each individual no matter the hourly rate paid to that individual during the normal performance of the service, unless the normal hourly rate is less than the stand-by hourly rate (Ref. Para. 27.1.6).

8. KEY PERSONNEL REQUIREMENTS

8.1. The PM’s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order.

8.2. The PM shall be a permanent staff employee and shall serve as a constant primary point of contact for TxDOT.

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8.3. The Project and Waste Disposal Coordinator shall administer the vendor’s

and subcontractor’s services and report progress of services to TxDOT.

8.4. All key personnel shall be trained and certified in accordance with the appropriate certification required for the service being performed.

9. SERVICE REQUIREMENTS: The vendor shall:

9.1. Coordinate services through the TxDOT PM or designated TxDOT representative. A list of designated TxDOT representatives involved in the administration of this purchase order will be submitted to the vendor upon award of the purchase order (Ref. Para. 29.3.).

9.2. Coordinate activities with federal and state environmental agencies and emergency responders, as needed.

9.3. Perform the following services in accordance with requirements stated on Attachment B – Hazardous Material Management and Remediation Services, if requested by the designated TxDOT representative.

9.3.1. Contaminated soil remediation on TxDOT rights-of-way or facilities (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.2. Petroleum storage tank removal including hydraulic lifts (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.3. Removal and disposal of TxDOT facility generated universal, special and hazardous wastes.

9.3.4. Removal and disposal of abandoned materials on state rights-of-way.

9.3.5. Plugging abandoned water wells (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.6. Pipeline removal and hot taps (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.7. Tire and scrap tire removal (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.8. Mobile Dual Phase Extraction (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.9. Sampling of suspect materials (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.10. Drum and Container Transport and Disposal (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.3.11. Remediation System Installation (Ref. Attachment B – Hazardous Materials Management and Remediation Services).

9.4. Have timesheets approved and signed by the TxDOT PM or designated TxDOT representative (Ref. Paras. 27.2.1 and 29.5).

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9.5. MANIFEST: The vendor shall prepare, sign and provide a TCEQ Uniform Manifest for each shipment of waste. Include the final TCEQ Manifest form within the project Final Report (or other end deliverable indicated by the proposal) indicating the disposal or destruction facilities acceptance and disposal were in accordance with applicable regulations.

9.6. PRICING AND TIMELINE: TxDOT will provide a SOW outlining the specific requirements for projects. The vendor shall:

9.6.1. Provide a not-to-exceed price using line item prices from Schedule 1 – Pricing and a timeline to complete the project within 48 business hours of receipt of SOW from TxDOT.

9.6.2. Not proceed with work until receiving a written purchase order release from the designated TxDOT representative.

9.7. Comply with federal, state and local government laws and regulations within the jurisdiction where the service is performed.

9.8. Perform all work in a manner that minimizes the possibility of threats to the traveling public, human health and the environment.

9.9. Respond, verbally, by email or fax to acknowledge and follow up on a request to mobilize from the designated TxDOT representative within 24 hours.

9.10. Immediately advise the designated TxDOT representative if the vendor determines that traffic diversion or other traffic control is required at any site. Cooperate with any requirements of the designated TxDOT representative or other TxDOT personnel to allow TxDOT to safely divert or control traffic.

9.11. Provide traffic control plans per the Texas Manual on Uniform Traffic Control Devices (TMUTCD) or as instructed by the SOW, if required by the purchase order release.

9.12. Be solely responsible for the development of and compliance with a Comprehensive Health and Safety Plan, and a Site-Specific Response Health and Safety Plan.

9.12.1. The Comprehensive Health and Safety Plan, and the Site-Specific Response Health and Safety Plan, shall comply with all requirements of the purchase order, 29 CFR 1910.120, Uniform Trench Safety Conditions, Texas Government Code §2166.303, and all other applicable laws and regulations.

9.12.2. The vendor shall certify that all personnel employed by the vendor and by subcontractors that perform work under the purchase order comply with all requirements of OSHA, including, appropriate level training requirements under 29 CFR 1910.120 (Ref. Para. 7.8.1.).

NOTE: The vendor shall supply copies of certifications annually to the designated TxDOT representative as personnel become recertified or new personnel are hired.

9.12.3. A copy of the Comprehensive Health and Safety Plan shall be submitted to TxDOT within ten days of issuance of a purchase order.

9.12.4. A Site-Specific Response Health and Safety Plan shall be prepared and onsite during field work.

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9.13. Notify the designated TxDOT representative in writing of any change in the disposal

location(s) during the term of the purchase order. Notification shall be submitted to TxDOT ten days prior to the effective date of the change.

9.14. Provide a Daily Report to the TxDOT Project Manager for each blanket purchase order release, which includes the blanket purchase order release number, a copy of the daily job ticket signed by the designated TxDOT representative, a written account of the day’s activities and applicable photographs documenting the written account. The daily field report shall be submitted no later than 10:00 a.m. on the next business day following the daily field report’s date. All office work shall be submitted in the project invoices (Ref. Para. 27.2.2).

9.15. Submit a Final Report for each project to be approved and signed by the designated TxDOT representative, as specified in the SOW (Ref. Para. 27.2.4. and Attachment A – Final Deliverable Packet).

9.16. Not disclose, or otherwise make public, data, reports or maps generated or otherwise obtained in the performance of vendor responsibilities under the purchase order. The vendor shall not release any information relating to the purchase order to the news media without specific written authorization from TxDOT.

9.17. Perform all services in the most economical way practical, subject to the constraints of the purchase order.

9.18. LOCATE UTILITIES: The vendor shall:

9.18.1. Be responsible for locating all utility lines (underground, aboveground and aerial) in the vicinity of the job site, when soil excavation is required on a project. The vendor shall use precautions not to damage such utility lines. The vendor shall coordinate with the designated TxDOT representative and utility line location company (i.e., Texas One-Call System or Dig-Tess).

9.18.2. Bear all costs required to repair any utilities damaged during work performed under the purchase order.

9.18.3. Contact a utility locating service in order to prevent damage to utilities during excavation services.

9.18.4. Contact the District Traffic Signals Office where the service is to be performed for the location of utilities associated with traffic devices.

9.18.5. Take care not to disturb existing utilities if excavation around utilities is necessary. The vendor shall contact the designated TxDOT representative if it is necessary to support a utility in the trench area.

9.19. REPORT THE FOLLOWING VIOLATIONS: Report the following to TxDOT as incidents occur:

9.19.1. Any formal enforcement action against the respondent, any subcontractor, or disposal facility by EPA, TCEQ, or both.

9.19.2. When three or more violations are issued by the USDOT or DPS or both during a two year period.

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10. SAMPLING AND ANALYSIS

10.1. The vendor shall perform sampling sufficient to characterize and properly classify the material. Sampling and analysis shall be performed only to the degree deemed necessary to identify the waste being disposed. Waste capable of identification through process knowledge shall be used in lieu of testing when applicable.

10.2. Price quoted for sample analysis shall include all costs for analysis, sample jars, transportation, sample disposal and Chain of Custody (COC) documentation.

10.3. COC forms, as required by the SOW, shall accompany sample results and quality control. Sample results, the COC forms and all quality assurance documentation shall be submitted to the designated TxDOT representative within the project Final Report (or other end deliverable indicated by the proposal).

11. DEFECTIVE WORK

11.1. The vendor shall uncover, expose or otherwise make available any portion of the work in question, furnishing all necessary labor, material and equipment if TxDOT considers it necessary that covered work be observed, inspected or tested by others. TxDOT will promptly provide notice in writing to the vendor of observed defects.

11.2. At the vendor’s expense, the vendor shall make any necessary adjustments or corrections to remedy any defective work including, but not limited to: All costs of repair or replacement of work of others within 30 business days. The vendor shall pay all claims, costs, losses and damages caused by or resulting from such defective work.

NOTE: TxDOT will reimburse the vendor the cost attributable to such uncovering, exposure, observation, inspection, testing, replacement and rework if such work is not found to be defective.

11.3. TxDOT reserves the right to correct defective work, either before or after notice of such defects have been provided to the vendor. In the event that TxDOT corrects the defective work, the vendor shall reimburse TxDOT the costs of making such correction(s) within 30 business days.

12. MISCELLANEOUS MATERIALS AND EQUIPMENT: Miscellaneous materials and equipment not included on Schedule 1 – Pricing and necessary to complete the services specified on the SOW. Miscellaneous materials and equipment under this purchase order shall not exceed $5,000 per job. TxDOT will obtain miscellaneous materials and equipment exceeding $5,000 using delegated purchasing procedures. If listed as a line item on the solicitation, the vendor shall provide:

12.1. Additional equipment and materials necessary to complete needed services as specified by the designated TxDOT representative.

12.2. A cost estimate, shall be submitted to the PM or designated TxDOT representative to be approved in writing by the PM or designated TxDOT representative, prior to any work being performed.

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13. ADDITIONAL SERVICES AND MISCELLANEOUS PARTS

13.1. The combination of additional services and miscellaneous parts shall not exceed $5,000 per job. Additional services and parts with a total estimated cost over $5,000 per job shall not be performed under the purchase order. Additional services are services not covered in the service requirements (Ref. Paras. 9 and 10 and Attachment B – Hazardous Material Management and Remediation Services).

13.2. Additional services shall cover only work required to complete the work specified in a SOW; and work not covered under the service requirements. The vendor shall assume the responsibility to provide the burden of proof that additional services or miscellaneous parts are required to complete the work.

13.3. The vendor shall provide a cost estimate, which the designated TxDOT representative will approve in writing prior to any work being performed. TxDOT reserves the right to obtain service under a separate purchase order should it best serve the interest of TxDOT. Additional services and miscellaneous parts shall be paid as follows:

13.3.1. Additional Services: The vendor shall provide, if listed as a line item on the solicitation, additional services necessary to complete the work specified on the SOW.

13.3.2. Miscellaneous Parts: The vendor shall provide, if listed as a line item on the solicitation, miscellaneous parts necessary to complete work allowed as Additional Services. Miscellaneous parts will be paid at the cost approved by TxDOT, prior to installation.

14. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT. TxDOT may consider the following performance by the vendor as unsatisfactory performance.

14.1. An unsatisfactory performance determination includes, but is not limited to:

14.1.1. Failure to report the following:

14.1.1.1. Any formal enforcement action against the respondent, any subcontractor, or disposal facility by EPA or TCEQ, or both (Ref. Para. 9.19.1.).

14.1.1.2. When three or more violations are issued by the USDOT or DPS or both during a two year period (Ref. Para. 9.19.2.).

14.1.1.3. Consistent failure by the vendor to respond within the allowed time frame on any three occasions throughout the term of the purchase order (Ref. Para. 9.9.).

NOTE: Unsatisfactory performance may result in a negative vendor performance report, cancellation of the purchase order, or both

14.2. An exceptional performance determination includes, but is not limited to:

14.2.1. Completing a project before the required completion date.

14.2.2. Providing exceptional services that exceed the minimum requirements.

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15. PERSONNEL CONTINUITY AND REPLACEMENT

15.1. TxDOT recognizes events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM, any key personnel, or subcontractor etc. will require the vendor to propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT.

15.2. The vendor agrees that the PM, any key personnel, or subcontractor etc. assigned to the project shall remain available for the entirety of the project throughout the term of the purchase order as long as that individual is employed by the vendor.

15.3. If TxDOT determines the PM, any key personnel, or subcontractor etc. is unable to perform in accordance with the service requirements or to communicate effectively, the vendor shall immediately remove that person, upon written notification from TxDOT.

15.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) will be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

16. WORK HOURS

16.1. Regular work hours for performance of the service are 8:00 a.m. to 5:00 p.m., Monday through Friday, expect for regularly observed state and federal holidays. Alternative nine hour work shifts may be required depending on the nature of the work required (e.g. work at night for high volume traffic areas). Alternative regular work hours will be mutually agreed upon by TxDOT and the vendor, during the statement of work process

16.2. Off-shift hours are defined as hours in excess of 8 hours per day or in excess of 40 hours per week. Off-shift hours are those hours performed beginning at 5:01 p.m. through 7:59 a.m., Monday through Friday and 5:01 p.m. Friday through 12:00 a.m. Sunday, except for alternative regular work hours agreed to during the statement of work process.

16.3. Premium hours are defined as hours from 12:01 a.m. Sunday through 7:59 a.m. Monday and federal holidays.

16.4. Vendor employees shall adhere to an agreed upon work schedule. Vendor employees shall be available to work on a modified work schedule during special conditions; possibly holidays or weekends. TxDOT will pay for hours worked according to the specific time involved. All off-shift, premium or modified hours shall be approved in writing by TxDOT prior to performing the work.

17. QUALITY ASSURANCE PLAN: The vendor shall provide a comprehensive, continuous, and measurable quality assurance program. The plan shall include:

17.1. Strategies and processes to promote quality.

17.2. Procedures to periodically measure and report quality performance to TxDOT throughout the term of the purchase order.

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17.3. How often the vendor conducts internal audits and engages external audit firms to conduct

audits of its operations.

17.4. Controls to be used within the project to assure quality and consistency throughout the term of the purchase order.

18. SAFETY: The vendor shall:

18.1. Ensure vendor employees, subcontractors and subcontractors’ employees are familiar with and comply with OSHA safety requirements set forth in 29 CFR Parts 1910 and 1926, and all federal, state, and local regulations, as applicable.

NOTE: The vendor shall bear sole responsibility for any penalties and down time charges imposed for noncompliance.

18.2. Prepare a Site-Specific Response Health and Safety Plan which addresses all applicable OSHA requirements for all work to be performed during the course of the project prior to initiation of site work on non-emergency services. The vendor's Site-Specific Response Health and Safety Plan shall include provisions for emergency conditions and information concerning local emergency facilities. The vendor shall follow procedures outlined in the Site-Specific Response Health and Safety Plan during all phases of the project to protect the health and safety of all persons and property in the vicinity of the project site.

18.3. Maintain a copy of the Site-Specific Response Health and Safety Plan on-site during all phases of the project and ensure all on-site personnel have reviewed and are familiar with the plan. All safety equipment referenced in the Site-Specific Response Health and Safety Plan shall be on-site and calibrated (if applicable) before site work begins.

18.4. Maintain safe and continuous access to the work site at all times for the designated TxDOT representative, federal, state, and local authorities. The vendor shall provide all necessary safety measures including, but not limited to: fencing, barricades, warning signs, flags, and steel plates over trenches to ensure the safety of the vendor, subcontractors, and all vehicular and pedestrian traffic in the project area.

18.5. Install, at a minimum, a 4 foot high orange polyethylene safety fence continuously around all excavations. The fencing shall be attached to a sufficient number of rigid supports to prevent sagging. Install lighted wooden traffic barricades a minimum of 6 feet in length immediately outside and adjacent to this fence at a minimum of one per excavation wall.

18.6. Maintain proper traffic controls and barricades to ensure site safety at all times. Traffic barricades shall conform to the Texas Manual on Uniform Traffic Control Devices.

18.7. Place required barricades, warning signs, etc. around the work zone prior to initiation of work which shall be kept in place until all work has been completed.

18.8. Be responsible for directing the use of personal protective clothing and equipment to minimize employee exposure in accordance with OSHA standards.

18.9. Eliminate all potential sources of ignition from the work area including smoking materials, and employ the use of non-explosive proof electrical and internal combustion equipment if work area atmospheres exceed 10% of lower explosion limit.

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18.10. Provide a monitoring plan that establishes entry into and exit from the contaminated soil zones along with vapor levels to assure personnel protection. The monitoring plan shall include the types of equipment to be used, the constituents to be monitored for and the frequencies.

18.11. Have a designated safety officer on duty during all work at the site to monitor the air quality for possible hazards including hydrocarbons to the vendor's personnel and the general public, if required by the project.

18.12. Store or handle gasoline or other flammable liquids in strict accordance with all state and local fire marshal requirements.

18.13. Have a minimum of two 20 pound Class ABC fire extinguishers at each project site and readily available for any work which involves release of product or use of a sparking device.

18.14. Provide vendor's training data to the designated TxDOT representative upon request.

19. VENDOR’S USE OF PREMISES: The vendor shall:

19.1. Obtain the limits of the work area, including temporary stockpile area(s) from the designated TxDOT representative, prior to beginning work.

19.2. Not extend operations beyond the areas specified by the designated TxDOT representative.

19.3. Be responsible for the preservation of all public and private property and use every precaution necessary to prevent damage.

19.4. Handle and store equipment, materials, and supplies in a safe and orderly manner and keep the premises orderly and free from accumulation of waste materials or rubbish resulting from operations under this purchase order.

19.5. Be responsible for visiting the site prior to beginning work to ascertain pertinent local conditions such as location, accessibility, and general nature of the site, the nature and extent of existing work within and adjacent to the site, and any other work being performed at the site. Failure to do so shall not relieve the vendor from responsibility for successfully performing the work without additional expense to TxDOT.

19.6. Ensure all work is completed in a manner that minimizes the possibility of any threat to human health and safety or the environment.

19.7. Be responsible for repairing damages caused to public and private property by vendor employees and subcontractors at vendor’s expense.

20. SUBCONTRACTING

20.1. Subcontractors providing service under the purchase order shall meet the same service requirements and provide the same quality of service required of the vendor.

20.2. No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services.

20.3. The vendor shall be the primary contact for TxDOT and subcontractor(s).

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20.4. The vendor shall manage all quality and performance, project management, and schedules

for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted.

20.5. TxDOT reserves the right to request the removal of vendor’s subcontractor staff deemed unsatisfactory by TxDOT.

20.6. Subcontracting shall be at the vendor’s expense.

20.7. SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. It is the respondent’s determination if they choose to subcontract any of the work under this purchase order with a Texas Certified Historically Underutilized Business (HUB) or other businesses.

20.7.1. If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation.

20.7.2. The respondent shall identify all proposed HUB and other subcontractors at the time of response submittal. The required forms with video instructions can be found at the following website:

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

20.7.3. RESPONSES THAT DO NOT INCLUDE A COMPLETED HUB SUBCONTRACTING PLAN AS INDICATED ON THE SOLICITATION SHALL BE REJECTED PURSUANT TO TEXAS GOVERNMENT CODE §2161.252(B).

20.8. HSP PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT: After award of the purchase order, the vendor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TxDOT contract manager monthly. The report shall be submitted monthly even during the months the vendor is not invoicing TxDOT. All payments made to subcontractors shall be reported. TxDOT may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

20.9. TxDOT retains the right to check subcontractor's background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor.

20.10. During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within ten days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT.

21. BUSINESS CONTINUITY PROCEDURES AND DISASTER RECOVERY PLAN: The respondent shall submit the respondent’ s business continuity procedures and disaster recovery plan (limit one page) which shall include procedures that shall be implemented to fulfill all requirements of the purchase order including, but not limited to: fire, theft, natural disaster, technical difficulty, workforce problems, equipment failure or other disruption of business.

NOTE: Business continuity and a disaster recovery plan for this service shall be maintained by the vendor throughout the term of the purchase order. The vendor shall be responsible for all cost of disaster recovery.

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http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/


22. TRAVEL: All travel and per diem shall be pre-approved in writing by TxDOT (Ref. Para. 29.4). If

approved, expenses will be reimbursed as follows:

22.1. In-state reimbursement will be in accordance with the allowable rates as determined by TxDOT’s Finance Division. Rates are subject to change each fiscal year. Vendor shall contact the designated TxDOT representative for current rate prior to incurring travel expenses.

22.2. Out-of-state reimbursement will be at current legislated rates and comply with state travel laws and rules. Guidelines are available at:

22.3. https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php

22.4. Reimbursable travel expenses include: personal vehicle mileage, commercial transportation, hotel accommodations, parking and meals.

22.5. Travel expenses shall be clearly detailed and receipts attached to a copy of the invoice.

23. TRAVEL FOR MOBILIZATION AND DEMOBILIZATION: TxDOT will pay travel time from the vendor’s nearest Texas location to the project site at the start of the project and back to vendor’s nearest Texas location at the end of the project at a single hourly rate for each individual traveling no matter the hourly rate paid to that individual during normal performance of the service, unless the individual’s single hourly rate is lower than the travel rate. In this case, the lower of the two rates shall be invoiced.

24. CONFLICT OF INTEREST

24.1. The vendor, vendor’s personnel, and vendor’s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor’s obligations in regards to services authorized.

24.2. The vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have not been employed or an employee or contracted agent for the firm in which he/she is performing inspections as required under the purchase order for a period not less than five years from the effective date of the purchase order. Furthermore, the vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have no financial interests of any kind in the firm in which he or she is performing inspections as required under the purchase order. Violation of this provision may be grounds for termination of the purchase order.

24.2.1. First consanguinity (blood) is described as: A person is related to you by blood in the first degree if the person is your: Mother or father, brother or sister, son or daughter.

24.2.2. Affinity (marriage) is described as: A person who is: your spouse, or spouse’s mother or father, brother or sister, son or daughter; your brother’s or sister’s spouse, son’s or daughter’s spouse, step-mother or step-father.

25. PERFORMANCE AND PAYMENT BONDS

25.1. PAYMENT BOND: Purchase orders exceeding $25,000 require the vendor to submit a payment bond in the total amount of the purchase order. Blanket purchase orders require a payment bond for each individual job that exceeds $25,000 during the term of the blanket purchase order.

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25.2. PERFORMANCE AND PAYMENT BONDS: Purchase orders exceeding $100,000 require

the vendor to submit a performance bond and payment bond each in the total amount of the purchase order. Blanket purchase orders require a payment and performance bond for each individual job that exceeds $100,000 during the term of the blanket purchase order.

25.2.1. Bonds are not required on purchase orders under $25,000.

25.2.2. Bonds shall be executed in accordance with Article 7.19-1, Vernon’s Texas Insurance Code.

25.2.3. If using bonds, the bond(s) shall be executed on a form provided by TxDOT and returned to TxDOT within 15 calendar days after written notice has been issued to the vendor. A Power of Attorney and a printed document stating the bonding company’s name, address and telephone number and the Texas Department of Insurance telephone number shall accompany the bond(s).

25.2.4. Acceptable forms of bonding are cashier’s check, certified check or irrevocable letter of credit issued by a financial institution subject to the laws of Texas; a surety or blanket bond from a company chartered or authorized to do business in Texas and entered on the United States Department of Treasury’s listing of approved sureties or the Texas Department of Insurance listing; United States treasury bond; or certificate of deposit.

26. AMENDMENTS: TxDOT and the vendor reserve the right to amend the purchase order by mutual written agreement at any time during the term of service, as may be necessary to achieve the highest quality of production by the most efficient and cost-effective means or to include a different element or special feature that was not contemplated or fully developed at the time of solicitation. The amendment process will be accomplished through a Purchase Order Change Notice (POCN)

27. INVOICING INSTRUCTIONS: The vendor shall provide:

27.1. ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the basis for each item charged. Original documentation that validates the charges shall be attached. The vendor shall submit a separate invoice for each purchase order release within 30 days after completion of all work at the site including proper disposal of any wastes. The original invoice shall be sent or e-mailed to the address shown on the purchase order to ensure timely payment and shall include the following:

27.1.1. Complete purchase order number.

27.1.2. Vendor Employer Identification Number (EIN).

27.1.3. Line item number, quantity and unit price as quoted on the Schedule 1 - Pricing.

27.1.4. All personnel hours listed on the invoice, or as a separate attachment, in one-hour increments with corresponding dates of performance, description and location of work performed.

27.1.5. Delivery fee for rental equipment (Ref. Para. 7.10.).

27.1.6. Stand-by rate, including date of stand-by, number of hours on stand-by and each individual that was required by TxDOT to stand-by (Ref. Para. 7.11.).

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27.1.7. Name and telephone number of individual designated by vendor to answer

questions regarding the invoice.

27.1.8. Invoice total and total amount due under the invoice.

NOTE: An invoice requiring correction shall be re-submitted with a new invoice date.

27.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original supporting documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include but not be limited to:

27.2.1. Copies of signed time sheets (Ref. Para. 9.4.).

27.2.2. Daily job tickets signed by the designated TxDOT representative (Ref. Para. 9.14.).

27.2.3. Final report, signed by the designated TxDOT representative, per the SOW (Ref. Para. 9.15.).

27.2.4. Copy of completed manifest from the authorized disposal facility (Ref. Para. 9.5.).

27.2.5. Documentation of actual cost for any item used on each project that is not included on Schedule 1 – Pricing and was pre-approved by the TxDOT PM or designated TxDOT representative.

28. PAYMENT REQUIREMENTS: Payment will be based on the following:

28.1. MISCELLANEOUS: TxDOT foresees possible miscellaneous charges such as the purchase of items, or other services not included on Schedule 1 – Pricing. TxDOT will reimburse the vendor for these charges as specified in Paras. 12. and 13.

28.2. All other items will be paid at the price quoted, not to exceed the prices on Schedule 1 – Pricing.

28.3. Personnel hourly labor charges will only be paid for actual work performed at the worksite.

28.4. Equipment charges shall be billed only for hours actually committed to TxDOT at the worksite.

28.5. TxDOT reserves the right to refuse to pay the full amount invoiced by the vendor because of subsequently discovered evidence or the results of subsequent inspections or tests, which may nullify any prior approval. If TxDOT refuses to pay the full amount invoiced by vendor, TxDOT will give the vendor written notice stating the reasons for such action within 21 days of receipt of invoice (Ref. Para. 11.).

29. TxDOT RESPONSIBILITIES: TxDOT will provide:

29.1. A Contract Manager to act as the primary point of contact.

29.2. A SOW for hazardous material management and remediation services (Ref. Para. 9.6.).

29.3. A list of designated TxDOT representatives involved in the administration of the purchase order (Ref. Para. 9.1.).

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29.4. Pre-approve travel expenses (Ref. Paras. 22.).

29.5. Daily approval of time sheets (Ref. Para. 9.4.).

29.6. Permits other than oversize and overweight permits (Ref. Para. 7.2.).

30. RESPONSE SUBMISSION

30.1. GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original) and should submit five copies on DVDs or flash drives. The submission shall be in separate loose leaf binders on one sided 8-1/2 x 11 inch paper and shall be tab-indexed corresponding to the sections listed below. Plastic spine-bound or wire bound submittals are highly discouraged. Include only the information specified for each section.

30.2. ORIGINAL RESPONSE: Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. The response submission shall be submitted in the following format:

30.2.1. Section 1 – Schedule 1 – Pricing

30.2.1.1. The vendor shall input a unit price, other than $0.00, for each line item on Schedule 1 – Pricing or the response will be disqualified. TxDOT does not accept unit prices of $0.00 and will disqualify any response that includes $0.00 as a unit price for any line item on Schedule 1 – Pricing.

30.2.1.2. If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section 1.

30.2.2. Section 2 – Schedule 2 – Original, signed, and dated Execution of Proposal

30.2.3. Section 3 – Schedule 3 – Respondent Qualifications and Experience: The respondent shall demonstrate successful past performance through submission of documentation of relevant qualifications and experience. Respondent’s Texas office shall be indicated on Schedule 3 – Respondent Qualifications and Experience. If respondent does not currently have a Texas office, respondent shall include a statement behind Schedule 3 – Respondent Qualifications and Experience detailing where and when a Texas office will be established if respondent is issued a purchase order (Ref. Para. 7.6.).

30.2.4. Section 4 – Schedule 4 – Key Personnel Qualifications and References: The respondent shall provide a Schedule 4 – Key Personnel Qualifications and References for one individual for each key personnel position listed in Para. 6 for evaluation purposes. If one individual is proposed for multiple key personnel positions, respondent shall complete one Schedule 4 – Key Personnel Qualifications and References for each position. References shall substantiate the number of years of required experience of the individuals, including any subcontractors, proposed as a key personnel. Respondent should clearly identify subcontractors being proposed as key personnel on Schedule 4 – Key Personnel.

30.2.5. Section 5 - Demonstration of Capability: The respondent’s approach and ability to meet the service requirements as specified in the solicitation shall be demonstrated. The response should be specific and address all requirements described in the solicitation in the order presented in Paras. 7, 9, and 10. The

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respondent shall submit written documentation addressing how the vendor intends to meet the following:

30.2.5.1. Ability to provide personnel for services at multiple locations, simultaneously (Ref. Para. 7.7.).

30.2.5.2. How the services of Para. 9.3. and Attachment B – Hazardous Materials Management and Remediation Services shall be provided.

30.2.5.3. How TCEQ Uniform Manifest forms will be prepared and finalized (Ref. Para. 9.5.).

30.2.5.4. Process for preparing and implementing traffic control plans (Ref. Para. 9.11.).

30.2.5.5. How utilities shall be located (Ref. Para. 9.18.).

30.2.5.6. Process for sampling and analysis services (Ref. Para. 10.).

30.2.5.7. Staffing Plan: Submit a staffing plan for evaluation purposes detailing which staff members will fill each of the key personnel positions referenced in Para. 6. Schedule 4 – Key Personnel Qualifications and References shall be completed for each person listed on the staffing plan. Staffing plan shall also include staff members or subcontractors proposed to fill positions detailed in Para. 7.8.

30.2.6. Section 6 – Schedule 5 – Disposal Locations: The respondent shall provide the proposed disposal location(s) to be used under the purchase order.

30.2.7. Section 7 – Schedule 6 – Texas Family Code – Section 231.006

30.2.8. Section 8 – Business Continuity and Disaster Recovery Plan: Respondent shall submit a business continuity and disaster recovery plan detailing how the respondent proposes to meet the specifications in the event vendor service is interrupted. The plan shall detail the vendor’s backup and recovery process (Ref. Para. 21.).

30.2.9. Section 9 – Quality Assurance Plan: Respondent shall provide a comprehensive, continuous, and measurable quality assurance program detailing how the respondent proposes to meet the specifications to ensure quality services are provided (Ref. Para. 17.).

30.2.10. Section 10 – HUB Subcontracting Plan (if applicable)

30.3. The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration.

30.3.1. Section 11 – Financial Standing: Submit the most recent five years audited financial statements, or if audited financial statements are unavailable, un-audited financial statements should be submitted and certified as true, correct and accurate by the chief financial officer or treasurer of the respondent’s company (Ref. Para. 4.2.).

30.3.2. Section 12 – Respondent References (Ref. Para. 5.)

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30.3.3.Section 13 – Certifications, License, Permits or Registrations: The respondent shall

include copies of required certifications, licenses, permits or registrations as required for the work being performed, including any subcontractors.

30.3.4.COPIES: The five reproduced copies shall include only the following tab-indexed sections.

30.3.4.1. Section 3 – Schedule 3 – Respondent Qualifications and Experience

30.3.4.2. Section 4 – Schedule 4 – Key Personnel Qualifications and References

30.3.4.3. Section 5 – Demonstration of Capabilities

30.3.4.4. Section 6 – Schedule 5 – Disposal Locations

30.3.4.5. Section 7 – Schedule 6 – Texas Family Code – Section 231.006

30.3.4.6. Section 8 – Business Continuity and Disaster Recovery Plan

30.3.4.7. Section 9 – Section 8 – Quality Assurance Plan

31. RESPONSE EVALUATION: Only a complete response with the required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive.

31.1. STEP 1 – INITIAL EVALUATION: A TxDOT evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TxDOT requirements.

31.1.1. Respondent qualifications are based on a best value determination and the information submitted in response to Para. 30.3.4 will be used as the evaluation criterion to comprise 60% of the evaluation total (Ref. Para. 32.1).

31.1.2. Pricing submitted for the solicitation requirements will be 40% of the evaluation total.

31.1.2.1. NOTE: TxDOT will input pricing from Schedule 1 – Pricing into three remediation scenarios to determine low overall total price.

31.2. STEP 2 – DISCUSSION: TxDOT may request that selected respondents, including key personnel participate in a discussion or oral presentation meeting.

31.2.1. Discussion Meeting: The respondent and TxDOT may discuss and clarify various requirements of the solicitation, vendor response, discuss any negotiable points, further confirm proposed personnel qualifications and determine the respondent’s capability to perform the service. A TxDOT evaluation committee may evaluate and score each discussion.

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31.2.1.1. TxDOT will advise each respondent in writing of the location,

date and time of the scheduled discussion meeting. A minimum of two-weeks’ notice will be given to the respondent(s) selected for the discussion meeting phase.

31.2.1.2. TxDOT may attend and participate in the meeting.

31.2.2. The respondent and proposed key personnel should be prepared to address any questions that may be asked by TxDOT evaluators.

31.3. NEGOTIATIONS: Upon completion of discussion meeting evaluation scoring TxDOT reserves the right to enter into negotiations with one or more selected respondents.

31.4. STEP 3 – BEST AND FINAL OFFER (BAFO): TxDOT reserves the right to request a BAFO from selected respondent(s).

31.4.1. The respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TxDOT will make the final determination on the best value.

31.4.2. TxDOT may award the purchase order for the service without requesting a BAFO.

32. AWARD: TxDOT reserves the right to award a purchase order(s) to the company that provides the best value to TxDOT in performance of this service. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT.

32.1. BEST VALUE: TxDOT will be the sole judge of best value. Best value criteria may include, but is not limited to:

32.1.1. Best meets the goals and objectives of the solicitation as stated in the Service Requirements (Ref. Para. 9).

32.1.2. Best meets the quality and reliability of the proposed services (Ref. Paras. 7 and 9).

32.1.3. Experience in successfully providing services in the solicitation.

32.2. TYPES OF AWARD

32.2.1. Single Award: One purchase order awarded to a single vendor.

32.2.2. Multiple Award: A multiple award is the award of multiple purchase orders for the same line item(s) from a single solicitation to two or more vendors to provide the same or similar goods or services.

32.2.3. Multi-Tiered Award: Multi-tiered award sets the priority sequence for use of multiple vendors. Multiple purchase orders are awarded for the same line item(s) from a single solicitation to primary, secondary and tertiary vendors.

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33. POST AWARD MEETING: Vendor(s) may be required to attend a post award meeting in person

or via teleconference with TxDOT within 15 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order.

34. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT Contract Administrator and TxDOT Procurement Division. TxDOT Procurement staff will be responsible for administering the contractual business relationship with the vendor.

34.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

34.2. Upon issuance of purchase order, TxDOT will designate an individual who will serve as the Contract Manager and point of contact between the agency and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual’s contract management and contract administration responsibilities include, but are not limited to:

34.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

34.2.2. Managing the financial aspects of the contract including approval of payments.

34.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

34.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

34.2.5. Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition.

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