texas department of transportationftp.dot.state.tx.us/pub/txdot-info/gsd/pdf/tss/tss532.pdf ·...

TEXAS DEPARTMENT OF TRANSPORTATION

GENERAL SERVICES DIVISION

SPECIFICATION NO. TxDOT 926-78-75* REVISED: MAY 2011

ENVIRONMENTAL 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 National Institute of Governmental Purchasing (NIGP). 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 for service to provide environmental remediation services, testing, cleanup, removal, and disposal of hazardous and non-hazardous materials, and materials of known and unknown origin and substance on a non-emergency basis as identified on the solicitation. Services required will be identified on the solicitation. The service shall be performed on highway rights-of-way, TxDOT facilities and newly acquired TxDOT property at various locations throughout the state as identified on the solicitation. Additional services may include all or some of the requirements specified on:

1.1. Attachment A – Excavate, Test, Backfill, Transport and Dispose of Petroleum and other Contaminated Soils

1.2. Attachment B – Removal of Petroleum Storage Tank System(s)

1.3. Attachment C – Miscellaneous 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. EPA – Environmental Protection Agency

2.7. HAZMAT Coordinator: TxDOT Hazardous Materials Coordinator

* This Specification Supersedes TxDOT Specification No. 926-78-75, Revised October 2010.

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SPECIFICATION NO. TxDOT 926-78-75 REVISED: MAY 2011

2.8. MOBILIZATION: The movement of personnel, equipment and supplies from the vendor’s

nearest registered business location in Texas to the project site.

2.9. 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.

2.10. OSHA – Occupational Safety and Health Administration

2.11. PM – Project Manager

2.12. TCEQ – Texas Commission on Environmental Quality

2.13. USDOT – United Stated Department of Transportation

3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state and local applicable 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

3.2.2. United States Environmental Protection Agency

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

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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

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

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3.6.3. TITLE 25 (25 TAC) – Part 1, Chapter 295, Subchapter C, – Texas Asbestos

Health Protection

3.6.4. TITLE 30 (30 TAC)

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

3.6.4.2. Chapter 205 – General Permits for Waste Discharges

3.6.4.3. Chapter 213 – Edwards Aquifer

3.6.4.4. Chapter 305 – Consolidated Permits

3.6.4.5. Chapter 311 – Watershed Protection

3.6.4.6. Chapter 328 – Waste Minimization and Recycling

3.6.4.7. Chapter 331 – Underground Injection Control

3.6.4.8. Chapter 334 – Underground and Aboveground Storage Tanks

3.6.4.9. Chapter 350 – Texas Risk Reduction Program

3.7. TCEQ PUBLICATIONS

3.7.1. RG-411 – Investigating and Reporting Releases from Petroleum Storage Tanks (PSTs)

3.7.2. Guidance Document Regarding the Reuse of Petroleum-Substance Contaminated Soils

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 1954 – Asbestos Health Protection

3.13.5. Chapter 1955 – Lead based Paint Abatement

3.13.6. 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 A – Excavate, Test, Backfill, Transport and Dispose of Petroleum and other Contaminated Soils, Attachment B – Removal of Petroleum Storage Tank Systems or Attachment C – Miscellaneous 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. 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.

4.2. Subcontract any portion of the additional services as described in Attachment A – Excavate, Test, Backfill, Transport and Dispose of Petroleum Contaminated Soils, Attachment B – Removal of Petroleum Storage Tank Systems and Attachment C – Miscellaneous Remediation Services for which the respondent does not have the required experience.

4.3. Currently hold an Asbestos Abatement Contractor’s license in accordance with Texas Asbestos Health Protection Rules (TAHPR) §295.45. or have a subcontractor with an Asbestos Abatement Contractor’s license.

4.4. Currently be licensed as a Mold Remediation Company in accordance with Title 25, Texas Administrative Code, Chapter 295 or have a subcontractor licensed as a Mold Remediation Company.

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4.5. 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. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement to this solicitation 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 perform the contract or 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 perform the contract or provide the service. Factors to be reviewed include:

4.5.1. Balance sheets.

4.5.2. Net working capital.

4.5.3. Current asset ratio.

4.5.4. Liquidity ratio.

4.5.5. Auditor(s) notes.

4.5.6. Any notes to the financial statements.

5. 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 (Ref. Para. 23.3.5.).

5.1. PROJECT MANAGER (PM): Shall have a Bachelor of Science degree in engineering or earth sciences from an accredited university with a 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 who fills the function of the response foreman or the response technician or both. This individual shall have the qualifications and experience required for each position.

5.2. 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 analytical testing laboratories and waste disposal facilities.

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5.3. RESPONSE FOREMAN: Shall have a minimum 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 who fills the function of PM. This individual shall have the qualifications and experience required for each position. (Ref. Para. 5.1.)

5.4. RESPONSE TECHNICIAN: Shall have a minimum two years of 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 who fills the function of PM. This individual shall have the qualifications and experience required for each position. (Ref. Para. 5.1.)

5.5. HEALTH AND SAFETY OFFICER: Shall have 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.

5.6. FIELD GEOLOGIST: Shall have a:

5.6.1. Bachelor or Masters of Science Degree from an accredited university in geology or a related field.

5.6.2. Minimum of three years experience within the last five years as a geologist in petroleum chemical release or waste site investigation, cleanup and disposal.

5.7. CERTIFIED INDUSTRIAL HYGIENIST: Shall have a:

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

5.7.2. Minimum three years experience within the last five years in preparing Health and Safety Plans for regulated asbestos containing material removal, petroleum release or waste site investigation, cleanup and disposal.

5.8. INDUSTRIAL HYGIENE TECHNICIAN: Shall have a minimum 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.

5.9. ASBESTOS ABATEMENT SUPERVISOR: Shall be licensed under Texas Asbestos Health Protection Rules (TAHPR), §295.46(d)(1).

5.10. ASBESTOS ABATEMENT WORKERS: Shall be licensed under TAHPR §295.42(e).

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5.11. ASBESTOS TRANSPORTERS: Shall be a driver employed by the vendor or a subcontractor

licensed as an Asbestos Transporter under TAHPR §295.36. NOTE: List the driver’s name and the driver’s employer’s business name that holds a valid Asbestos Transporter license in the spaces provided on Schedule 4 – Key Personnel Qualifications and References and provide a copy of Asbestos Transporters license (Ref. Paras. 23.3.5. and 23.3.10.).

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

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

5.14. LEAD BASED PAINT REMOVAL FOREMAN: Shall have supervised a minimum of three lead based paint removal actions in the last five years and completed 29 CFR 1910.120 HazMat Training.

5.15. MOBILE DUAL PHASE EXTRACTION (MDPE) SPECIALIST: Shall have a Bachelor of Science 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.

5.16. MDPE EQUIPMENT OPERATOR: A qualified individual who 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.

5.17. 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.

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

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

5.20. MOLD REMEDIATION CONTRACTOR: Shall be licensed by the Texas Department of State Health Services.

6. VENDOR REQUIREMENTS: The vendor shall:

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

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

6.3. 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.

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6.4. Have a fully staffed and functioning office in Texas. Fully staffed and functioning includes

having all key personnel and all equipment 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.

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

6.5.1. Heavy Equipment Operators: Shall:

6.5.1.1. Be trained and qualified in heavy equipment operations which shall include, but is not limited to, all required Occupational Safety and Health Administration (OSHA) training under 29 CFR sec. 1910.120.

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

6.5.2. 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.

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

6.5.2.2. Security Guards shall possess 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.

6.6. 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:

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

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

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

6.6.4. 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. KEY PERSONNEL REQUIREMENTS

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

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7.2. The PM shall be a permanent staff employee and shall serve as a constant primary point of

contact for TxDOT.

7.3. The Project and Waste Disposal Coordinator shall administer the vendor’s and subcontractor’s services and report progress of services to TxDOT.

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

8. SERVICE REQUIREMENTS: The vendor shall:

8.1. Coordinate services through the TxDOT HAZMAT Coordinator 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.

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

8.3. Perform the following additional services in accordance with requirements stated on the listed attachments, if requested by the designated TxDOT representative.

8.3.1. Contaminated soil remediation on TxDOT rights-of-way or facilities (Ref. Attachment A – Excavate, Test, Backfill, Transport and Dispose of Petroleum and other Contaminated Soils).

8.3.2. Petroleum storage tank removal including hydraulic lifts, and soil remediation (Ref. Attachment B – Removal of Petroleum Storage Tank System[s]).

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

8.3.4. Removal and disposal of abandoned materials on TxDOT rights-of-way.

8.3.5. Removal and disposal of asbestos containing material (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.6. Plugging and abandonment of water wells (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.7. Pipeline removal and hot taps (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.8. Lead based paint removal (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.9. Tire and scrap tire removal and transportation (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.10. Mobile Dual Phase Extraction (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.11. Sampling of suspect materials (Ref. Attachment C – Miscellaneous Remediation Services).

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8.3.12. Drum and Container Transport and Disposal (Ref. Attachment C – Miscellaneous

Remediation Services).

8.3.13. Remediation System Installation (Ref. Attachment C – Miscellaneous Remediation Services).

8.3.14. Mold Remediation services (Ref. Attachment C – Miscellaneous Remediation Services).

8.4. MANIFEST: The vendor shall:

8.4.1. Prepare, sign and provide a manifest for each shipment of waste.

8.4.2. Provide detailed and legible uniform manifests to TxDOT, prepared, signed and dated by an agent of the vendor for the treatment or disposal facility certifying the type and amount of materials delivered to the treatment or disposal facility with the copy of the invoice for services.

8.4.3. Forward a TCEQ Uniform Manifest form within 30 days to the designated TxDOT representative, indicating the disposal or destruction facilities acceptance and disposal were in accordance with applicable regulations.

8.5. ESTIMATED PRICING AND TIMELINE: TxDOT will provide a statement of work outlining the specific requirements for projects. The vendor shall:

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

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

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

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

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

8.9. 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.

8.10. Provide traffic control plan 48 hours prior to mobilization.

8.11. 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.

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8.11.1. 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.

8.11.2. 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. 22.3.9.). NOTE: The vendor shall supply copies of certifications annually to the designated TxDOT representative as personnel become recertified or new personnel are hired.

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

8.11.4. The Site-Specific Response Health and Safety Plan shall be submitted within 48 hours of notification to begin work.

8.12. Notify the designated TxDOT representative in writing of any change in the disposal location(s) or laboratory(ies) or both during the term of the purchase order. Notification shall be submitted to TxDOT ten days prior to the effective date of the change.

8.13. Provide a Daily Report to the TxDOT Project Manager which includes a copy of the daily job ticket, a written account of the day’s activities and applicable photographs which document the written account. The daily report shall be submitted no later than 10:00 a.m. on the next business day following the daily report’s date.

8.14. 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.

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

8.16. LOCATE UTILITIES: The vendor shall:

8.16.1. 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).

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

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

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

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8.16.5. 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.

8.17. VIOLATIONS: Report the following to TxDOT as incidents occur:

8.17.1. Any formal enforcement action against the respondent, any subcontractor, or disposal facility by Environmental Protection Agency (EPA) or Texas Commission on Environmental Quality (TCEQ) or both.

8.17.2. When three or more violations are issued by the United States Department of Transportation (USDOT) or Department of Public Safety (DPS) or both during a two year period.

9. SAMPLING AND ANALYSIS

9.1. 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.

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

9.3. COC forms 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 30 days of completion of results.

10. PERSONNEL CONTINUITY AND REPLACEMENT

10.1. TxDOT recognizes that 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 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.

10.2. 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.

10.3. 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.

10.4. 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.

11. WORK HOURS

11.1. 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.

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11.2. 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.

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

11.4. 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.

12. SAFETY: The vendor shall:

12.1. 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.

12.2. Prepare and submit to the designated TxDOT representative the vendor's 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.

12.3. 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.

12.4. 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.

12.5. 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.

12.6. 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.

12.7. 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.

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

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12.9. 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.

12.10. 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.

12.11. 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.

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

12.13. 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.

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

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

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

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

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

13.4. 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.

13.5. 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.

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

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

14. SUBCONTRACTING

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

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

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

14.4. 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.

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

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

14.7. 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.

14.7.1. 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.

14.7.2. 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/

14.8. 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.

14.9. 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.

14.10. 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.

15. DEFECTIVE WORK

15.1. 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 to the vendor of observed defects.

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15.2. 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.

15.3. 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.

16. TRAVEL

16.1. All travel and per diem shall be pre-approved in writing by TxDOT. If approved, expenses will be reimbursed as follows:

16.1.1. 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.

16.1.2. Out-of-state reimbursement will be at current legislated rates and comply with state travel laws and rules. Guidelines are available at: https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php

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

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

16.2. 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.

17. CONFLICT OF INTEREST: 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.

18. UNSATISFACTORY PERFORMANCE: Unsatisfactory performance may result in a negative vendor performance report and cancellation of the purchase order. TxDOT may consider the following performance by the vendor as unsatisfactory performance. An unsatisfactory performance determination includes, but is not limited to:

18.1. Failure to report the following:

18.1.1. Any formal enforcement action against the respondent, any subcontractor, or disposal facility by EPA or TCEQ, or both (Ref. Para. 8.18.1.).

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18.1.2. When three or more violations are issued by the United States Department of

Transportation (USDOT) or Department of Public Safety (DPS) or both during a two year period (Ref. Para. 8.18.2.).

18.2. 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. 8.8.).

19. PERFORMANCE AND PAYMENT BONDS

19.1. 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.

19.2. 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.

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

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

19.2.3. 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).

19.2.4. 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.

20. INVOICING INSTRUCTIONS: The vendor shall provide 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:

20.1. Complete 16-digit purchase order number.

20.2. Vendor Employer Identification Number (EIN).

20.3. Purchase order release number (if applicable).

20.4. Line item number, quantity and unit price as quoted on the Pricing Schedule(s).

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

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20.6. Copies of signed time sheets.

20.7. Daily work ticket signed by the designated TxDOT representative.

20.8. Copy of completed manifest from the authorized disposal facility.

20.9. Documentation of actual cost for any item used on each project that is not included on Schedule 1 – Pricing.

20.10. Delivery Fee for rental equipment (Ref. Para. 21.5.).

20.11. A final report (when required) as specified in Attachment B – Removal of Petroleum Storage Tank Systems, Para. 4..

20.12. Name and telephone number of individual designated by vendor to answer questions regarding the invoice (if other than vendor’s PM).

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

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

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

21.1. MISCELLANEOUS: TxDOT foresees possible miscellaneous charges such as the purchase of items, laboratory services, or other services not included on Schedule 1 – Pricing. TxDOT will reimburse the vendor for these charges at the vendor’s actual cost. The vendor shall submit original supplier receipts with the invoice to substantiate charges. Only items or services pre-approved in writing by TxDOT will be paid. Miscellaneous charges shall not exceed $5,000 per job under this purchase order. All estimates over $5,000 will be paid under a separate purchase order.

21.2. All other items will be paid at the price quoted.

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

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

21.5. DELIVERY FEE: If it is more cost effective to TxDOT for the vendor to rent equipment 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.

21.6. STAND-BY: TxDOT will pay a single hourly rate to each individual on the job site asked by TxDOT to suspend work, but remain on the job site. 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.

21.7. 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.

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21.8. 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.

22. TxDOT RESPONSIBILITIES: TxDOT will provide:

22.1. A Contract Manager who will act as the point of contact.

22.2. Scope of work for remediation services (Ref. Para. 8.5.).

22.3. A list of designated TxDOT representatives involved in the administration of the purchase order.

22.4. The name and telephone number of the District Traffic Signals Office with the issuance of each purchase order release, if applicable.

22.5. Pre-approval of travel expenses and any miscellaneous expenses (Ref. Paras. 16.1. and 21.1).

22.6. Daily approval of time sheets.

22.7. Permits other than oversize and overweight permits (Ref. Para. 6.2.).

23. RESPONSE SUBMISSION

23.1. 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:

23.2. GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original) and three copies (marked Copy). 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.

23.3. ORIGINAL RESPONSE: The original response shall include the following:

23.3.1. Section 1 – Schedule 1 – Pricing NOTE: The vendor shall input a unit price for each item on Schedule 1 – Pricing or the response will be rejected. NOTE TO RESPONDENT: If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section 1.

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

23.3.3. Section 3 – Schedule 3 – Company 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. If respondent does not currently have a Texas office, respondent shall include a statement behind Schedule 3 detailing where and when a Texas office will be established if respondent is issued a purchase order.

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23.3.4. Section 4 – Staffing Plan: Submit a staffing plan for evaluation purposes

detailing which staff members will fill each of the key personnel positions referenced in Para. 5. 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. 6.4.

23.3.5. Section 5 – Schedule 4 – Key Personnel Qualifications and References: The respondent shall provide resumes or brief profiles and references for one individual for each key personnel position listed in Para. 5 for evaluation purposes. If one individual is proposed for multiple key personnel positions, respondent shall complete one Schedule 4 for each position. References shall substantiate the number of years of required experience of the individuals, including any subcontractors, who will be part of the respondent’s personnel providing the service (Ref. Para. 5.).

23.3.6. Section 6 – Schedule 5 – Additional Key Personnel Qualifications: The respondent shall provide resumes or brief profiles for any additional individuals including any subcontractors, who will be part of the respondent’s personnel providing the service who are not previously addressed in Para. 23.3.5.

23.3.7. Section 7 – Schedule 6 – Respondent References: The respondent shall submit references for a minimum of three similar services, which are alike in size and scope to the services within the solicitation that verify the qualifications and experience requirements for services completed within the past five 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, and dates services were performed. The response will be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent’s references. The response will be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Schedule 6 – Respondent References).

23.3.8. Section 8 – Schedule 7 – Disposal Locations: The respondent shall provide the proposed disposal location(s) to be used under the purchase order.

23.3.9. Section 9 – Schedule 8 – Proposed Laboratory(ies): The respondent shall provide the proposed laboratory(ies) to be used under this purchase order and last TCEQ audit report for each laboratory.

23.3.10. Section 10 – 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 subcontractors. The respondent shall attach a list of any subcontractors or transporters or both including applicable TCEQ and EPA numbers.

23.3.11. Section 11 – HUB Subcontracting Plan (if applicable)

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24. The respondent should submit the following with the response:

24.1. Section 12 – 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. 4.3.). Failure by the respondent to submit the requested documentation may disqualify the respondent from further consideration.

24.2. COPIES

24.2.1. Include three copies of Schedule 1 – Pricing, or both, if applicable, in a sealed, separate envelope with the original submittal.

24.2.2. The three reproduced copies (marked Copy) shall include only the following tab-indexed sections:

24.2.2.1. Section 3 – Schedule 3 – Company Qualifications and Experience

24.2.2.2. Section 4 – Staffing Plan

24.2.2.3. Section 5 – Schedule 4 – Key Personnel Qualifications and References

24.2.2.4. Section 6 – Schedule 5 – Additional Key Personnel Qualifications and References

24.2.2.5. Section 7 – Schedule 6 – Respondent References

24.2.2.6. Section 8 – Schedule 7 – Disposal Locations

24.2.2.7. Section 9 – Schedule 8 – Proposed Laboratory(ies)

24.2.2.8. Section 10 – Certifications, License, Permits or Registrations

25. 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.

25.1. 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.

25.1.1. Respondent qualifications are based on a best value determination and the information submitted with a response and will comprise 60% of the evaluation total.

25.1.2. Pricing submitted for the solicitation requirements will be 40% of the evaluation total. NOTE: TxDOT will input pricing from Schedule 1 – Pricing into three remediation scenarios to determine low overall total price.

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

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25.2.1. 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.

25.2.1.1. 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.

25.2.1.2. TxDOT may provide the respondent with a list of proposed key personnel required to attend and participate in the meeting.

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

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

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

25.4.1. 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.

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

26. 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.

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

26.1.1. Best meets the goals and objectives of the solicitation as stated in the Service Requirements.

26.1.2. Best meets the quality and reliability of the proposed services.

26.1.3. Effect of the proposed solution on agency productivity.

26.1.4. Provides the most customer focused solution that will best meet the needs of the traveling public.

26.1.5. Experience in successfully providing services in the solicitation.

26.2. TYPES OF AWARD

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

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26.2.2. 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.

26.2.3. 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.

27. 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.

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

28.1. 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.

28.2. 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:

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

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

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

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

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


ATTACHMENT A

EXCAVATE, TEST, BACKFILL, TRANSPORT AND DISPOSE OF PETROLEUM AND OTHER CONTAMINATED SOILS

1. SCOPE: This attachment describes the service to excavate, test, backfill, transport and dispose of petroleum contaminated and other contaminated soils to an approved landfill. The requirements and qualifications stated in the Environmental Remediation Services specification apply to Attachment A.

2. SERVICE REQUIREMENTS

2.1. EXCAVATION: The vendor shall:

2.1.1. Commence excavation within 48 hours of notification.

2.1.2. Notify the designated TxDOT representative and the TCEQ when excavation is completed. The designated TxDOT representative will direct the vendor as to the extent of any additional excavation needed based on sample analysis and TCEQ directives.

2.2. DENSITY TESTING: Any soil density testing required for backfill placement required by designated TxDOT representative will be performed by TxDOT.

2.3. BACKFILL: The vendor shall:

2.3.1. Be responsible for the disposal of runoff waters and purged surface waters generated until backfill has been completed, according to federal, state and local regulations.

2.3.2. Provide and transport clean backfill material following excavation. NOTE: TxDOT may have a surplus of cut (non-contaminated soil) material from a highway construction project suitable for backfill. Loading and transporting of soil shall be provided by vendor. The vendor should contact the designated TxDOT representative concerning this matter, but TxDOT can not guarantee the fill material will be available.

2.3.3. Compact by the ordinary or density control method or as directed by the designated TxDOT representative.

2.3.3.1. The ordinary method directs that each layer shall not exceed 8 inches of loose depth and be compacted until no further compaction is required.

2.3.3.2. The density control method requires swelling soils. Soils with a plasticity index of 20 or more shall be sprinkled as required to provide not less than optimum moisture and compacted to the extent necessary to provide not less than 98% or more than 102% of the density as determined in accordance with Test Method Tex-114-E.

2.4. CONTAMINATED MATERIALS REMOVAL AND DISPOSAL: The vendor shall:

2.4.1. Be responsible for shipping the contaminated soil with an appropriate waste manifest in accordance with TCEQ and USDOT rules.

2.4.2. Transport the contaminated soil to an approved landfill closest to the jobsite, while restricting haul routes to major streets and highways.

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ATTACHMENT B

REMOVAL OF PETROLEUM STORAGE TANK SYSTEM(S)

1. SCOPE: This attachment describes removal and off-site disposal of petroleum storage tank (PST) system(s) for TxDOT. The requirements and qualifications stated in the Environmental Remediation Services specification apply to Attachment B.

2. RESPONDENT QUALIFICATIONS: The respondent or respondent’s subcontractor shall have a valid certificate of registration as an underground storage tank contractor and current License B issued by the TCEQ.

3. SERVICE REQUIREMENTS

3.1. PREPARATION FOR TANK REMOVAL: The vendor shall:

3.1.1. Submit to the TCEQ a written 30-day underground storage tank (UST) construction notification form and contact the TCEQ office 24 to 72 hours prior to beginning work.

3.1.2. Ensure the handling, transportation, and disposal of any regulated substances removed from a PST system, and any contaminated soils, backfill material, groundwater, wash water, or similar materials removed from the system are conducted in a safe and environmentally sound manner and are in accordance with all applicable regulations in effect for the type, volume, contaminant concentration, and classification of the removed material.

3.1.3. Be responsible for the cleanup and disposal of any contaminated materials resulting from the release of hydrocarbons deemed avoidable by the designated TxDOT representative. Criteria for this determination shall be the vendor’s conformity with these specifications and industry standards of practice as specified in Para. 3.1 of this specification. The vendor shall bear all costs associated with these cleanup activities.

3.2. EXCAVATION AND TANK PURGING: The vendor shall:

3.2.1. Excavate to the top of tank. Remove and dispose of all concrete and asphalt pavement. Place soil and any base material in areas designated by the designated TxDOT representative.

3.2.2. Excavate the tank pit soils until the tank, piping, pumps, vent lines and pump islands can be removed. Place all excavated materials on polyethylene sheet(s) as required by TCEQ at the site location as directed by the designated TxDOT representative. Cover all material and protect from rainfall and runoff. Construct a berm around the tank pits and trenches to minimize collection of rainwater in excavated areas.

3.2.3. Cooperate with the designated TxDOT representative regarding stockpiling and segregation of excavated material to facilitate sampling and characterization of soils. The designated TxDOT representative will determine the type of disposal or remediation method to be used.

3.2.4. Provide temporary excavation shoring, as directed by the designated TxDOT representative, for all pits and trenches to prevent damage to adjacent structures and highways.

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3.2.5. Notify the designated TxDOT representative of unstable soil conditions, ground

water seepage, and storm water collection in any excavation.

3.2.6. Bear all costs of unauthorized excavation.

3.2.7. Drain product piping back into the tank to avoid any spillage. Cap and remove product piping in tank area.

3.2.8. Remove liquids and residues from the tank using explosion-proof or air-driven pumps. Refer to API STD 2015 for safety precautions.

3.2.8.1. Bonding and grounding of pump motors, suction hoses and tanks shall be in accordance with NFPA.

3.2.8.2. The use of a hand pump may be required to remove the final liquids from the bottom of the tank.

3.2.8.3. If a vacuum truck is used for removal of liquids or residues, the area of operation for the vacuum truck shall be vapor free. The truck shall be located upwind from the tank and outside the path of probable vapor travel. Vacuum pump exhaust gases shall be discharged through a hose of adequate size and length downwind of the truck and tank area. Refer to API RP 2219 for vacuum truck operating and safety practices.

3.2.9. Remove all liquids and residues including tank contents, cleaning solutions and rinse waters from the tank and handle in accordance with appropriate federal, state and local regulations.

3.2.9.1. Lead compounds and other residues from the tank might be classified as hazardous wastes.

3.2.9.2. The vendor shall provide the designated TxDOT representative written certification by the vendor, shipper, and receiver, that all liquids and residues, contaminated backfill, tanks, and accessories were removed, shipped, and disposed of in accordance with all applicable permits, safety rules, and regulations.

3.2.10. Remove all exposed connective piping from the tank and the pump and dispenser units, as directed by the designated TxDOT representative.

3.2.11. Remove fill pipe, gauge pipe, vapor recovery truck connection, submersible pumps, fill tube, and other tank fixtures. Fill tube shall remain in place until the tank is vapor-free as directed by the designated TxDOT representative.

3.2.12. Vent all vapors from the tank at a minimum height of 12 feet above grade or 3 feet above any adjacent roof lines until the tank is purged of flammable vapors.

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3.2.13. Tank Purging and Inserting Methods: Temporary freeing of flammable tank

vapor shall be performed using one of the methods described below or as required by local codes. Vapor or fumes shall be removed from the PST until an acceptable reading has been taken with a combustible gas indicator below the 20% lower explosive limit or an oxygen meter reading of less than 10% for methods using inert gas.

3.2.13.1. Method I: Flammable or combustible vapors shall be removed from the tank with an inert gas such as Carbon Dioxide (CO2) or Nitrogen (N2). Inert gas shall be introduced at low pressure through a single tank opening at a point near the bottom of the tank at the end of the tank opposite the vent. The discharging device shall be grounded per NFPA. While discharging the inert gas, pressures in the tank shall not exceed 5 pounds per square inch. A carbon dioxide fire extinguisher shall not be used for inert flammable atmospheres.

3.2.13.2. Method II: (May be used when Method I is not practical.) Tank vapors shall be inserted by the addition of solid CO2 (dry ice) to the tank in the amount of at least 1-1/2 pounds per 100 gallons of tank capacity. In handling dry ice all appropriate cryogenic methods shall be followed. The dry ice shall be crushed and distributed evenly over the greatest possible area in the tank to promote rapid evaporation. All tank openings, except the vent, shall be plugged after the introduction of dry ice. Vendor shall observe all normal safety precautions regarding flammable or combustible vapors. All dry ice shall have evaporated before proceeding.

3.2.13.3. Method III: (Tanks equipped with fill tubes that are not removable may be vapor-freed by this method.) Flammable and combustible vapors shall be purged from the tank by ventilation using an eductor-type air mover. The eductor shall be properly grounded and bonded to prevent the generation and discharge of static electricity. The fill tube shall remain in place to ensure ventilation at the bottom of the tank. An eductor extension shall be used to discharge vapor at a minimum of 12 feet above grade or 3 feet above the nearest roof line of an adjacent structure.

3.2.13.4. Method IV: (Flammable and combustible vapors may be ventilated from the tank with a diffused air blower.) When using this method of purging, the air-diffusing pipe shall be properly grounded and bonded to prevent the discharge of static electricity. Fill tubes shall be removed to allow proper diffusion of the air in the tank. Air supply shall be from a compressor using a clean air supply. Air supply shall be free from volatile vapors. Air pressure in the tank shall not exceed 5 pounds per square inch.

3.2.13.5. Method V: Any other method approved by the designated TxDOT representative.

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3.3. TANK REMOVAL: The vendor shall:

3.3.1. Plug or cap all accessible holes after vapor-freeing and before tank removal. One plug shall have a 1/8 inch vent hole to prevent excessive differential pressure within the tank caused by temperature changes. The tank shall be positioned with this vent plug on top of the tank during subsequent transport and storage.

3.3.2. Excavate around the tank to uncover it for removal. The vendor shall remove tank from the excavation, place it nearby on a level area and secure it with wood blocks. The tank shell shall be checked for corrosion holes and the holes plugged with screwed (boiler) plugs.

3.3.3. Not excavate any soil beyond that required to remove the tank and associated piping unless directed to do so by the designated TxDOT representative. Remaining soil contaminated by minor drips and spills from removal or previous operations shall be removed from the excavation and placed on polyethylene sheets. The vendor shall notify the designated TxDOT representative of any severely contaminated soils. Removal, stockpiling, and disposal of contaminated materials shall be as per Para. 3.11. of this Attachment.

3.3.4. Notify the designated TxDOT representative immediately of spilled materials.

3.3.5. Recover, collect, and dispose of spilled materials. Spilled materials shall be treated in the same manner as the released product for handling and disposal purposes.

3.3.6. Conduct all sampling, field quality assurance and quality control, analytical programs and reporting.

3.3.7. Not transport the tank until flammable vapors or fumes have been removed from the PST and an acceptable reading has been taken with a combustible gas indicator (below the 20% lower explosive limit or local fire code regulation). A non-flammable atmosphere shall be maintained in the PST until delivery to the disposal site. The vendor shall obtain necessary approvals and permits before transporting the tanks.

3.3.8. Use appropriate lifting techniques for the PST in accordance with all regulatory agency requirements and API RP 1604.

4 - 9


3.3.9. Label tank no later than 24 hours after removal from the ground and prior to

removal from the site. The label shall contain a warning against any type of reuse, regardless of the tank's condition. Former contents, present vapor state, vapor-freeing treatment, and date shall also be included. The label shall be similar to the following example in legible letters a minimum of 2 inches high. TANK HAS CONTAINED LEADED GASOLINE* NOT VAPOR FREE NOT SUITABLE FOR REUSE *insert the name of any other flammable or combustible liquid. For example: DIESEL.

3.3.10. Label tank having contained leaded motor fuel or material whose service history is unknown with the additional information shown below. See API 2015A for additional guidelines. TANK HAS CONTAINED LEADED GASOLINE LEAD VAPORS MAY BE RELEASED IF HEAT IS APPLIED TO THE TANK SHELL

3.3.11. Remove tank from the site within a maximum of 48 hours after vapor-freeing procedures have been completed.

3.3.12. Secure tank on a truck for transportation to the storage or disposal site with the 1/8 inch vent hole located at the uppermost point on the tank. Tank shall be transported in accordance with all applicable federal, state, and local regulations.

3.3.13. Completely remove all hold-down slabs, foundations, saddles or other subsurface structures and dispose of accordingly. Contaminated materials shall be handled and disposed of in accordance with Para. 3.11. of this Attachment.

3.4. TANK ENTRY: Ensure the requirements for entering a tank pit are the same as those required for a permit for Confined Space Entry until an evaluation of the hazards of the permit space is made and verification that acceptable entry conditions exist. Reference 29 CFR 1910.146, Appendices A, B, C, D and E and NIOSH Publication 80-106.

3.5. TEMPORARY STORAGE OF USED TANK AND ASSOCIATED PIPING

3.5.1. Store used tank, associated piping, dispensers, and pumping units temporarily only in the area designated by the designated TxDOT representative. These items shall not be temporarily stored on state of Texas property longer than 24 hours after the time of tank removal. At the direction of the designated TxDOT representative, used tanks, dispensers and pumping units may be retained by TxDOT.

5 - 9


3.5.2. A tank stored in temporary storage shall be free of all liquids and residues. Tank

shall be vapor-freed before being placed in temporary storage. All tank openings shall be tightly plugged and capped, with one plug having a 1/8 inch vent hole to prevent the tank from being subjected to excessive differential pressure caused by temperature changes. Tank shall be temporarily stored with the vented plug at the highest point on the tank. Tank shall be labeled as described in Paras. 3.3.9. and 3.3.10. of this Attachment.

3.6. DISPOSAL OF USED TANK: Used tank and accessories shall be reclaimed as scrap metal or be permanently disposed of within 30 days of removal in accordance with all laws and regulations of the federal, state and local governments.

3.7. CERTIFICATION: The vendor shall submit to the designated TxDOT representative written certification:

3.7.1. That used tank and accessories were removed from the site as specified and in accordance with all applicable safety rules and regulations.

3.7.2. That the transporter shipped the used tank, accessories and materials in compliance with all safety rules and regulations and under the proper federal, state, and local transportation permits.

3.7.3. From recycling or disposal facility which acknowledges deliveries of waste material or destruction of waste material. A manifest is required.

3.8. TESTING

3.8.1. The vendor shall obtain representative samples of soil or groundwater, or both, and, if required, other samples for purposes of quality assurance. Grab samples shall be obtained from the tank bottom (under fill port and tank ends) or above soil-water interface if water is present in the tank pit, in the pipe trench, under dispensers and from the backfill. All samples shall be obtained in accordance with TCEQ requirements and generally accepted practices.

3.8.2. All samples shall be logged on appropriate COC documents, which shall accompany the samples to the laboratory. Copies of all COC documents shall be transmitted to the designated TxDOT representative immediately upon delivery of samples to the laboratory.

3.8.3. Laboratory analyses shall be performed for Total Petroleum Hydrocarbons (TPH) per TCEQ Method 1005 and Methyl-tert-butyl ether (MTBE) and benzene, toluene, ethyl benzene, xylenes (BTEX) per Solid Waste (SW)-846 Method 8021B or 8260. The sample with the highest TPH level should be analyzed for polynuclear aromatic hydrocarbons (PAH) per SW-846 Method 8310 or 8270. Reports of analytical results shall include legible copies of all chromatograms, as appropriate.

3.8.4. If the soil analysis shows levels above the acceptable regulatory limits, additional excavation may be required. The vendor will be directed by the designated TxDOT representative regarding additional excavation.

3.9. DENSITY TESTING: Any soil density testing required for backfill placement required by designated TxDOT representative will be performed by TxDOT.

6 - 9


3.10. BACKFILL: Clean fill material or the original non-contaminated excavated material as

directed by the designated TxDOT representative shall be used as backfill.

3.10.1. Fill Material: Clean fill material for tank excavation backfill shall consist of granular soil and be free of organics, deleterious materials, clay lumps, rocks over 3 inches in diameter and hazardous substances or waste material defined by Resource Conservation and Recovery Act (RCRA), 40 CFR 261 as amended. Fill material shall meet the following requirements.

3.10.1.1. Liquid Limit (Test Method Tex-104-E) 30 Max

3.10.1.2. Plasticity Index (Test Method Tex-105-E, Tex-106-E) 0 to 12

3.10.1.3. Percent passing No. 200 mesh sieve (Test Method Tex-110-E) 30 Max

3.10.2. Backfill tank excavation up to 4 feet below grade

3.10.2.1. Place fill material in tank excavation in maximum loose lifts not to exceed 2 feet.

3.10.2.2. Compact fill material to at least 90% of the maximum dry density as established by Test Method Tex-114-E.

3.10.3. Upper 4 feet of backfill

3.10.3.1. Place select fill material in tank excavation in maximum loose lifts not to exceed 8 inches.

3.10.3.2. Compact fill material to at least 95% of the maximum dry density as established by Test Method Tex-114-E.

3.10.3.3. Shape fill material to approximately the lines and grades of adjacent subgrade material.

3.11. CONTAMINATED MATERIALS REMOVAL AND DISPOSAL

3.11.1. Material Removal: An interim on-site storage area for contaminated materials will be assigned by the designated TxDOT representative. The vendor shall be responsible for the safety and integrity of this area. Procedure for hauling and disposal shall comply with 40 CFR 260-265 and 280-281 and federal, state, and local regulations. Transportation of hazardous waste materials shall be in accordance with 49 CFR.

3.11.2. Contaminated Liquid

3.11.2.1. All free product in the tank pit or pipe trench shall be removed by vacuum truck or pumped out and temporarily stored in USDOT and TCEQ approved single-walled drums.

3.11.2.2. All groundwater or surface runoff in the tank pit or pipe trench contaminated with petroleum hydrocarbons shall be removed by vacuum truck or pumped out and temporarily stored in USDOT and TCEQ approved single-walled drums.

7 - 9


3.11.2.3. Contaminated liquids generated during storage tank vapor-freeing or

cleaning processes or equipment decontamination shall be collected by vacuum truck or temporarily stored in USDOT and TCEQ approved single-walled drums.

3.11.3. Contaminated Soil and Solids

3.11.3.1. Soil and solids (broken concrete, etc.) contaminated with petroleum hydrocarbons shall be excavated to limits established by the designated TxDOT representative based on the results of analytical testing. Soil and solids shall be temporarily stored in the area designated by the designated TxDOT representative.

3.11.3.2. The containment area for the temporary storage of contaminated materials shall be free of large rock, roots, or other sharp objects. A berm shall be constructed around the perimeter of the stockpile area sufficiently high enough to contain the volume of material to be temporarily stored. The containment area shall be protected from storm water runoff. The containment area and berm shall be lined with plastic sheeting as required by TCEQ. Edges of plastic sheeting shall overlap a minimum of 2 feet. Duct tape shall be applied along all seams to prevent movement of sheeting and leaching of contaminant onto underlying ground surface.

3.11.3.3. Design and construction of the containment area and berm for contaminated materials is subject to the approval of the designated TxDOT representative before any contaminated materials are stockpiled.

3.11.3.4. Contaminated materials temporarily stored in the containment area shall be covered with plastic sheeting, as required by TCEQ, to prevent rain from saturating the stockpile. Plastic sheeting shall be secured in place to prevent removal by strong winds.

3.11.4. After characterization and authorization, the contaminated materials shall be removed from the site within 48 hours. The vendor shall remove and transport all stockpiled contaminated soils, solids and liquids to an approved disposal or remediation facility as directed by the designated TxDOT representative.

3.11.5. All analytical testing of contaminated soils, solids and liquids is the responsibility of the vendor. The test procedures to be performed and the method of selecting samples shall be in accordance with regulatory requirements. Any alternative method such as treating the contaminated materials on-site will be directed by the designated TxDOT representative.

3.12. CERTIFICATION OF CONTAMINATED MATERIALS REMOVAL AND DISPOSAL: The vendor shall submit to the designated TxDOT representative written certification that:

3.12.1. All contaminated materials were removed from the site or remediated in place as instructed by the designated TxDOT representative and in accordance with all applicable safety rules and regulations.

3.12.2. The transporter shipped the material in compliance with all safety rules and regulations and under the proper federal, state, and local transportation permits.

8 - 9


9 - 9

3.12.3. The party treating or responsible for the final disposition of the contaminated material is a treatment, landfill or disposal facility that is approved by the federal, state, and local regulatory agencies.

3.12.4. Material was properly disposed by submission of detailed and legible delivery tickets prepared, signed, and dated by an agent for the treatment, landfill or disposal facility certifying the type and amount of materials delivered. Completed tickets shall be received by the designated TxDOT representative within five working days after delivery.

4. FINAL REPORT: The vendor shall prepare and submit a Release Determination Report (TCEQ-000621) upon completion of each PST removal job. The vendor shall submit four hard copies and one electronic copy (CD) to the designated TxDOT representative.

SPECIFICATION NO. TxDOT 926-78-75

REVISED: MAY 2011

ATTACHMENT C

MISCELLANEOUS REMEDIATION SERVICES

This attachment describes miscellaneous remediation services which may be requested if identified on the solicitation. The requirements and qualifications stated in the Environmental Remediation Services specification apply to Attachment C.

1. ASBESTOS ABATEMENT: Vendor shall perform asbestos abatement of the improvement in accordance with the Site Specific Specification Manual for TxDOT provided by TxDOT’s environmental representative for asbestos abatement and all applicable federal, state, and local rules and regulations. The vendor shall coordinate work schedule with environmental representative for asbestos abatement prior to any work being started.

2. PLUGGING AND ABANDONMENT OF WATER WELLS: Vendor shall perform the plugging and abandonment of water wells in accordance 16 TAC 76.702 and 76.1004. Generated waste material shall be properly containerized and disposed of according to federal, state and local regulations or as directed by the designated TxDOT representative. The vendor shall schedule the plugging and abandonment activities with the designated TxDOT representative. Vendor shall file well plugging reports in accordance with 16 TAC 76.700 and 76.701 and supply copies of reports to the designated TxDOT representative.

3. PIPELINE REMOVAL: Vendor shall perform a pipeline removal in accordance with the following requirements:

3.1. Coordinate assessment and abandonment with the designated TxDOT representative.

3.2. Record all field work activities in a field logbook.

3.3. Determine ownership of pipeline or easement or both.

3.4. PIPELINE ASSESSMENT

3.4.1. Verify from owner or records that pipeline is abandoned and out-of-use.

3.4.2. Excavate and expose pipeline.

3.4.3. Sample pipeline coating, if applicable, to determine if coating contains asbestos containing materials.

3.4.4. Conduct a non-destructive evaluation to determine if pipeline is active and conveying fluid.

3.4.5. Determine pipeline wall thickness.

3.4.6. Conduct intrusive evaluation (pipeline hot tap) to determine contents of pipeline.

3.5. PIPELINE REMOVAL

3.5.1. Notify local emergency personnel.

3.5.2. Perform pipeline cutting, cleaning (residual fluid removal) and capping of the pipeline ends at the right-of-way (ROW) line.

3.5.3. Disposal of investigation derived wastes (residual fluids, etc.)

1 - 2

SPECIFICATION NO. TxDOT 926-78-75

REVISED: MAY 2011

2 - 2

3.5.4. Remove the pipeline that is within the ROW and transport for disposal or recycling.

3.5.5. Backfill and compact per Attachment B of this specification any remaining trenches and pits with excavated material and restore the grade to an elevation suitable for future construction needs.

4. LEAD BASED PAINT REMOVAL: Vendor shall perform the removal of lead based paint removal in accordance with the lead based removal plan provided by TxDOT and all federal, state and local rules and regulations. The vendor shall schedule all lead based paint removal activities with the designated TxDOT representative.

5. TIRE AND SCRAP TIRE REMOVAL: Vendor shall perform tire and scrap tire removal from TxDOT’s ROW or TxDOT facility and transport tires and scrap tires to a registered tire storage, disposal or recycling facility per a scrap tire manifest. The vendor shall schedule all tire/scrap tire removal activities with the designated TxDOT representative.

6. MOBILE DUAL PHASE EXTRACTION: Vendor shall provide all equipment and personnel to perform a Mobile Dual Phase Extraction (MDPE) event for a fixed duration of 8 hours, 24 hours, 72 hours or 7 days as directed by the designated TxDOT representative. The vendor shall schedule the MDPE event with the designated TxDOT representative.

7. DRUM AND CONTAINER TRANSPORT AND DISPOSAL: Vendor shall identify treatment, recycle or disposal facilities; profile and receive acceptance approval and transport the drums or containers with properly completed waste manifest and bill of lading to the identified permitted treatment, recycling or disposal facility. All transportation and disposal shall be conducted in accordance with all federal, state and local rules and regulations. The vendor shall schedule all drum or container activities with the designated TxDOT representative.

8. SAMPLE COLLECTION: Vendor shall collect samples of environmental media either contained in drums, tanks or piled or ponded on the ground as requested in accordance with EPA 600/4-84-076 or SW 846 most recent edition. Samples shall be placed in containers supplied by vendor’s laboratory. A laboratory supplied Chain of Custody form shall be filled out by the sampling personnel. Samples shall be placed in an insulated cooler and cooled to +/- 2oC with either water ice or blue ice. The sample cooler shall be sealed and delivered to the vendor’s laboratory within 24 hours of collection of the samples. The vendor shall schedule all sampling activities with the designated TxDOT representative.

9. REMEDIATION SYSTEM INSTALLATION: Vendor shall install or construct groundwater remediation systems, including air sparge systems and total fluid recovery and treatment systems, in accordance with plans and specifications provided by TxDOT on TxDOT ROW or TxDOT facilities in accordance with all federal, state and local rules and regulations. The vendor shall schedule all remediation system installation activities with the designated TxDOT representative.

10. MOLD REMEDIATION: Vendor shall perform mold remediation of the improvement in accordance with the Mold Remediation Protocol provided by TxDOT’s environmental representative for mold assessment and all applicable federal, state, and local rules and regulations. The vendor shall coordinate work schedule with environmental representative for mold remediation prior to any work being started.

SPECIFICATION NO.TxDOT 926-78-75REVISED: MAY 2011

ITEM DESCRIPTION OF SERVICE QUANTITY UNIT UNIT PRICE EXTENDED PRICE

1 Regular Hourly Rate HOUR -$ 2 Off-Shift Rate HOUR -$ 3 Premium Rate HOUR -$











SCHEDULE 1PRICING

INSTRUCTIONS TO RESPONDENT: RESPONDENT SHALL INPUT A UNIT PRICE FOR EACH LINE ITEM OR RESPONSE WILL BE REJECTED.

RESPONDENT NAME

CERTIFIED INDUSTRIAL HYGIENIST

FIELD GEOLOGIST

ASBESTOS TRANSPORTER

ASBESTOS ABATEMENT WORKERS

PERSONNELPROJECT MANAGER

HEALTH AND SAFETY OFFICER

RESPONSE TECHNICIAN

RESPONSE FOREMAN

PROJECT AND WASTE DISPOSAL COORDINATOR

ASBESTOS ABATEMENT SUPERVISOR

INDUSTRIAL HYGIENE TECHNICIAN

THIS PAGE OR A REASONABLE FACSIMILE SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

1 - 12



SCHEDULE 1PRICING


RESPONDENT NAME





46 Regular Hourly Rate HOUR47 Off-Shift Rate HOUR48 Premium Rate HOUR




58 Regular Hourly Rate HOUR59 Off-Shift Rate HOUR60 Premium Rate HOUR



67 Regular Hourly Rate HOUR -$

HEAVY EQUIPMENT OPERATORS

MASTER PLUMBER

MASTER ELECTRICIAN

MOLD REMEDIATION CONTRACTOR

SAMPLE COLLECTOR

MOBILE DUAL PHASE EXTRACTION SPECIALIST

LEAD BASED PAINT REMOVAL FOREMAN

ONSITE SECURITY GUARD

MECHANIC/WELDER

MDPE EQUIPMENT OPERATOR

PIPELINE REMOVAL FOREMAN

LICENSED WATER WELL DRILLER


2 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

68 Off-Shift Rate HOUR -$ 69 Premium Rate HOUR -$


73 TRUCK, PICKUP DAY -$ 74 TRUCK, PICKUP WEEK -$

75TRUCK, UP TO 1-TON WITH POWER LIFT GATE

DAY -$

76TRUCK, UP TO 1-TON WITH POWER LIFT GATE

WEEK -$

77 BOX TRUCK, 30 FOOT, 59,900 LB. GVW DAY -$ 78 BOX TRUCK, 30 FOOT, 59,900 LB. GVW WEEK -$ 79 SEMI TRACTOR DAY -$ 80 SEMI TRACTOR WEEK -$ 81 EMERGENCY RESPONSE TRAILER DAY -$ 82 EMERGENCY RESPONSE TRAILER WEEK -$

83MOBILE COMMAND & COMMUNICATIONS TRAILER, (20-50 FT.)

DAY -$

84MOBILE COMMAND & COMMUNICATIONS TRAILER, (20-50 FT.)

WEEK -$

85 TRAILER (TRAVEL) 20-50 FOOT DAY -$ 86 TRAILER (TRAVEL) 20-50 FOOT WEEK -$ 87 TANDEM AXLE UTILITY TRAILER DAY -$ 88 TANDEM AXLE UTILITY TRAILER WEEK -$

89LEVEL A (INCLUDING PROTECTIVE SUITS AND SUPPLIED AIR APPARATUS)

DAY -$

90LEVEL B (INCLUDING PROTECTIVE SUITS AND SUPPLIED AIR APPARATUS)

DAY -$

91LEVEL C (INCLUDING PROTECTIVE SUITS AND RESPIRATORS)

DAY -$

92 5 GALLON D.O.T EACH -$ 93 16 GALLON POLY (CLOSED HEAD) EACH -$ 94 16 GALLON POLY (OPEN HEAD) EACH -$ 95 16 GALLON STEEL (CLOSED HEAD) EACH -$ 96 30 GALLON POLY (OPEN HEAD) EACH -$ 97 55 GALLON POLY (CLOSED HEAD) EACH -$ 98 55 GALLON POLY (OPEN HEAD) EACH -$ 99 55 GALLON STEEL (OPEN HEAD) EACH -$ 100 85 GALLON POLY (OPEN HEAD) EACH -$ 101 95 GALLON POLY (OPEN HEAD) EACH -$ 102 DRUM LINERS (6 MIL) OR GREATER EACH -$

PERSONAL PROTECTIVE EQUIPMENT

DRUMS, TANKS, PUMPS & HOSES

VEHICLES AND TRAILERS

LABORERS


3 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

103 CYLINDER CONTAINMENT DEVICE EACH -$ 104 CYLINDER TAPPING DEVICE EACH -$ 105 2000 GALLON POLY TANK DAY -$ 106 2000 GALLON POLY TANK WEEK -$

107SPILL GUARD FOR 2000 GALLON POLY TANK

DAY -$


WEEK -$

109 6500 GALLON POLY TANK DAY -$ 110 6500 GALLON POLY TANK WEEK -$


DAY -$


WEEK -$

113 20,000 GALLON FRAC TANK DAY -$ 114 20,000 GALLON FRAC TANK WEEK -$

115SPILL GUARD FOR 20,000 GALLON POLY TANK

DAY -$

116SPILL GUARD FOR 20,000 GALLON POLY TANK

WEEK -$

117 PUMP, 1" DRUM TRANSFER DAY -$ 118 PUMP, 1" DRUM TRANSFER WEEK -$ 119 PUMP, 2" AIR DIAPHRAGM DAY -$ 120 PUMP, 2" AIR DIAPHRAGM WEEK -$ 121 PUMP, 2" CENTRIFUGAL DAY -$ 122 PUMP, 2" CENTRIFUGAL WEEK -$ 123 PUMP, 2" TRASH DAY -$ 124 PUMP, 2" TRASH WEEK -$ 125 PUMP, 3" TRASH DAY -$ 126 PUMP, 3" TRASH WEEK -$

127PUMP, AIR DRIVEN, CHEMICAL RESISTANT

DAY -$

128PUMP, AIR DRIVEN, CHEMICAL RESISTANT

WEEK -$

129 PUMP, ELECTRIC, BARREL DAY -$ 130 PUMP, ELECTRIC, BARREL WEEK -$ 131 HOSE, 2", 25 FEET DAY -$ 132 HOSE, 2", 25 FEET WEEK -$ 133 HOSE, 3", 25 FEET DAY -$ 134 HOSE, 3", 25 FEET WEEK -$


4 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

135BACKHOE, MIN. CASE 580 SUPER M SERIES 3 OR EQUIVALENT

DAY -$


WEEK -$


DAY -$


WEEK -$

139 DOZER, MIN. CASE 850L OR EQUIVALENT DAY -$

140 DOZER, MIN. CASE 850L OR EQUIVALENT WEEK -$

141COMPACTOR (HAND HELD), MULTIQUIP, MVC88VGE, REVERSIBLE W/ 13.7 QUART WATER SELF-CONTAINED OR EQUAL

DAY -$

142COMPACTOR (HAND HELD), MULTIQUIP, MVC88VGE, REVERSIBLE W/ 13.7 QUART WATER SELF-CONTAINED OR EQUAL

WEEK -$

143COMPACTOR (PNEUMATIC TIRED), 14 TON, 9-WHEEL, CATERPILLAR PS150B OR EQUAL

DAY -$

144COMPACTOR (PNEUMATIC TIRED), 14 TON, 9-WHEEL, CATERPILLAR PS150B OR EQUAL

WEEK -$

145COMPACTOR (VIBRATORY), PADDED DRUM, CAT CP323C, 48 IN., 15,000 LBS APPLIED FORCE, 80 HP OR EQUAL

DAY -$

146COMPACTOR (VIBRATORY), PADDED DRUM, CAT CP323C, 48 INC., 15,000 LBS APPLIED FORCE, 80 HP OR EQUAL

WEEK -$


DAY -$


WEEK -$

149COMPACTOR (VIBRATORY), PADDED DRUM, CAT CP563D, 84 IN., 50,000 LBS APPLIED FORCE, 145 HP OR EQUAL

DAY -$

HEAVY EQUIPMENT - (Prices shall include fuel, maintenance, mobilization and demobilization, etc.)NOTE: A day consists of eight hours and a week consists of five working days. Rental will be proced at the weekly rate if to be used for a period of three days or greater.


5 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

150COMPACTOR (VIBRATORY), PADDED DRUM, CAT CP563D, 84 IN., 50,000 LBS APPLIED FORCE, 145 HP OR EQUAL

WEEK -$

151COMPACTOR (VIBRATORY), SMOOTH DRUM, CAT CS433C, 66 IN., 28,000 LBS APPLIED FORCE, 107 HP OR EQUAL

DAY -$


WEEK -$


DAY -$


WEEK -$

155COMPACTOR, ASPHALT, CAT CB224C, STEEL DOUBLE DRUM, 47 IN., 6,570 LBS. APPLIED FORCE

DAY -$

156COMPACTOR, ASPHALT, CAT CB224C, STEEL DOUBLE DRUM, 47 IN., 6,570 LBS. APPLIED FORCE

WEEK -$

157 VACUUM TRUCK, 80 BARREL CAPACITY HOUR -$ 158 VACUUM TRUCK, 80 BARREL CAPACITY DAY -$

159 VACUUM TRUCK, 130 BARREL CAPACITY HOUR -$

160 VACUUM TRUCK, 130 BARREL CAPACITY DAY -$

161 SUPER SUCKER, 80 BARREL CAPACITY HOUR -$ 162 SUPER SUCKER, 80 BARREL CAPACITY DAY -$

163 DUMP TRUCK, 6 CUBIC YARD CAPACITY HOUR -$

164 DUMP TRUCK, 6 CUBIC YARD CAPACITY DAY -$

165 DUMP TRUCK, 12 CUBIC YARD CAPACITY HOUR -$

166 DUMP TRUCK, 12 CUBIC YARD CAPACITY DAY -$

167DUMP TRAILER/TRUCK, 25 CUBIC YARD CAPACITY

HOUR -$

168DUMP TRAILER/TRUCK, 25 CUBIC YARD CAPACITY

DAY -$

169FRONT END LOADER, 2 CUBIC YARD CAPACITY

HOUR -$


DAY -$


6 - 12



SCHEDULE 1PRICING


RESPONDENT NAME


WEEK -$

172ROLL-OFF BOX, 20 CUBIC YARD CAPACITY WITH LINER AND TARP

DAY -$


WEEK -$


DAY -$


WEEK -$

176BOBCAT, S300 SKID STEER LOADER OR EQUIVALENT

DAY -$

177BOBCAT, S300 SKID STEER LOADER OR EQUIVALENT

WEEK -$

178EXCAVATOR, CAT M315D OR EQUIVALENT

DAY -$

179EXCAVATOR, CAT M315D OR EQUIVALENT

WEEK -$

180RUBBER TIRE LOADER, CAT 950H OR EQUIVALENT

DAY -$

181RUBBER TIRE LOADER, CAT 950H OR EQUIVALENT

WEEK -$

182TRACK LOADER, CAT 963D OR EQUIVALENT

DAY -$

183TRACK LOADER, CAT 963D OR EQUIVALENT

WEEK -$

184FORK LIFT, ROUGH TERRAIN, 8,000 POUND CAPACITY

DAY -$

185FORK LIFT, ROUGH TERRAIN, 8,000 POUND CAPACITY

WEEK -$

186ROAD BROOM, BROCE BROOM RJT-350 OR EQUAL

DAY -$

187ROAD BROOM, BROCE BROOM RJT-350 OR EQUAL

WEEK -$

188 VACUUM BOX, 25 CUBIC YARD DAY -$ 189 VACUUM BOX, 25 CUBIC YARD WEEK -$ 190 MDPE EQUIPMENT (COMPLETE) DAY -$ 191 MDPE EQUIPMENT (COMPLETE) WEEK -$ 192 DRILLING RIG, MOBIL B-53 OR EQUAL DAY -$

193DRILLING RIG, MOBILIZATION, LESS THAN 50 MILES

MILE -$

194DRILLING RIG, MOBILIZATION, GREATER THAN 50 MILES

MILE -$

195 AIR COMPRESSOR, MIN. 100 CFM DAY -$ 196 BATTERY CHARGER (12 Volt) DAY -$

MISCELLANEOUS EQUIPMENT & PORTABLE ANALYTICAL AND DETECTION EQUIPMENT


7 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

197 BATTERY CHARGER (12 Volt) WEEK -$ 198 CHAIN SAW DAY -$ 199 CHAIN SAW WEEK -$ 200 CHOP SAW DAY -$ 201 CHOP SAW WEEK -$ 202 DIGITAL CAMERA DAY -$ 203 DIGITAL CAMERA WEEK -$ 204 GLOBAL POSITIONING SYSTEM DAY -$ 205 GLOBAL POSITIONING SYSTEM WEEK -$ 206 GREASE GUN DAY -$ 207 GREASE GUN WEEK -$ 208 2-WAY FM RADIO (PER PAIR) DAY -$ 209 2-WAY FM RADIO (PER PAIR) WEEK -$ 210 WEED EATER/BUSH CUTTER DAY -$

211STANDARD CONSTRUCTION FENCE, CHAIN LINK, (6 FEET HIGH, INSTALLED), PER LINEAR FEET

PER LFT PER

WEEK-$

212STANDARD CONSTRUCTION FENCE, ORANGE PLASTIC, (INSTALLED), PER LINEAR FEET

PER LFT -$

213TEMPORARY FENCING (CHAIN LINK) LINEAR FEET

PER LFT PER DAY

-$

214TEMPORARY FENCING (CHAIN LINK) 100 FEET

PER LFT PER

WEEK-$

215TEMPORARY FENCING (CHAIN LINK) PER LINEAR FEET

PER LFT PER

MONTH-$

216TIMBER MATS - 8 FEET X 16 FEET, 3-PLY LAMINATED WOODEN MATS

WEEK -$

217TIMBER MATS - 8 FEET X 16 FEET, 3-PLY LAMINATED WOODEN MATS

MONTH -$

218 COMBUSTABLE GAS/OXYGEN METER DAY -$ 219 PHOTO IONIZATION DETECTOR (PID) DAY -$ 220 FLAME IONIZATION DECTECTOR DAY -$ 221 FIELD HAZ-MAT EACH -$ 222 MERCURY VAPOR ANALYZER DAY -$ 223 PH METER DAY -$

224SALINITY/CONDUCTIVITY/ TEMPERATURE METER

DAY -$

225 HYDROCARBON FIELD TEST EACH -$


8 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

226DRAGER AIR SAMPLING KIT (DET. TUBES ADD.) OR EQUIVALENT

DAY -$

227 PARTICULATE MONITOR DAY -$ 228 GENERATOR, 5 KILOWAT, WITH LIGHTS DAY -$

229PRESSURE WASHER, HEATED, MIN. 3000 PSI

DAY -$

230PRESSURE WASHER, COLD, MIN. 3000 PSI

DAY -$

231 PORTA-POTTY RENTAL DAY -$ 232 PORTA-POTTY RENTAL WEEK -$

233 WARNING TAPE ROLL -$ 234 HAZARDOUS MATERIAL WARNING TAPE ROLL -$

235POLYETHYLENE SHEETING, BLACK, 2 MIL., 20 FEET X 100 FEET ROLL

ROLL -$

236 ROPE, 1/4" POLY 600' PER ROLL ROLL -$ 237 ROPE, 1/2" POLY 600' PER ROLL ROLL -$ 238 LIME, (50 LB. BAG) BAG -$ 239 SODA ASH (50 LB. BAG) BAG -$ 240 CITRIC ACID (50 LB. BAG) BAG -$ 241 HYDROCHLORIC ACID GALLON -$ 242 SULFURIC ACID GALLON -$ 243 VERMICULITE, (6 CUBIC FOOT BAG) BAG -$

244BAGS, PLASTIC, 40 GAL., 6 MIL., UNMARKED

EACH -$

245 WOOD STAKES EACH -$ 246 DECON BRUSHES EACH -$

247SORBENT PADS (18" X 18" 9 OZ. WT. 100 BALE)

BALE -$

248SORBENT PILLOWS (14" X 25" 10 PER BALE)

BALE -$

249 MOPS/MOP HEADS EACH -$

250OIL ABSORBENT, GRANULAR CLAY 50 LB. BAG

BAG -$

251 BATTERY, AA EACH -$ 252 BATTERY, C EACH -$ 253 BATTERY, D EACH -$ 254 BATTERY, 6 VOLT EACH -$ 255 BATTERY, 12 VOLT EACH -$ 256 GAYLORD BOX EACH -$ 257 BOX LINER FOR GAYLORD BOX EACH -$ 258 PALLET 45' x 48' x 5" EACH -$ 259 GREASE CARTRIDGE EACH -$ 260 PORTLAND CEMENT, 80 POUND BAG EACH -$ 261 BENTONITE CHIPS, 80 POUND BAG EACH -$

EXPENDABLE GOODS


9 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

262 CONES DAY -$ 263 CONES WEEK -$ 264 DRUMS/BARREL DAY -$ 265 DRUMS/BARREL WEEK -$ 266 BARRICADES DAY -$ 267 BARRICADES WEEK -$ 268 ARROW BOARD DAY -$ 269 ARROW BOARD WEEK -$

270TRAFFIC CONTROL PLAN (TEXAS MUTCD COMPLIANT FOR WORK ON THE SHOULDER)

EACH -$

271TRAFFIC CONTROL PLAN (TEXAS MUTCD COMPLIANT FOR LANE CLOSURE ON 30 MPH TWO LANE)

EACH -$

272TRAFFIC CONTROL PLAN (TEXAS MUTCD COMPLIANT FOR LANECLOSURE ON 60 MPH FOUR LANE)

EACH -$

273 BOOM DEPLOYMENT BOAT DAY -$ 274 BOOM DEPLOYMENT BOAT WEEK -$ 275 MINI SKIMMER DAY -$ 276 MINI SKIMMER WEEK -$ 277 FLOATING SKIMMER DAY -$ 278 FLOATING SKIMMER WEEK -$ 279 SKIM PAC, SMALL EACH -$

280 BOOM, ABSORBENT, 5" X 10' (4 PER BALE) BALE -$

281BOOM, ABSORBENT, 6" X 12' (4 PER BALE)

BALE -$

282 BOOM, ABSORBENT, 8" X 20' (2 PER BALE) BALE -$

283 BOOM, CONTAINMENT, 10" EACH -$ 284 BOOM, CONTAINMENT, 18" EACH -$ 285 BOOM CLEANING, PER SECTION EACH -$

286MICROBIAL REMEDIATION AGENT OR SURFACTANT

GALLON -$

287MICROBIAL REMEDIATION AGENT OR SURFACTANT, 30 GALLON DRUM

EACH -$

288

TCEQ-00495: UNDERGROUND AND ABOVE GROUND STORAGE TANK CONSTRUCTION NOTIFICATION FORM (REVISED 5/7/02)

EACH -$

REPORT PREPARATION

BOATS, SKIMMERS & BOOMS

TRAFFIC CONTROL DEVICES


10 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

289TCEQ-00621: RELEASE DETERMINATION REPORT FORM FOR PETROLEUM STORAGE TANKS (REVISED 12/10/93)

EACH -$

290TNRCC-00025: PRODUCT RECOVERY REPORT FORM FOR PETROLEUM STORAGE TANK (REVISED 12/6/99)

EACH -$

291

TNRCC-10208: CORRESPONDENCE IDENTIFICATION SHEET FOR PETROLEUM STORAGE TANK (REVISED 12/6/99)

EACH -$

292TNRCC-00030: FINAL SITE CLOSURE REPORT FORM (REVISED 12/9/99)

EACH -$

293TNRCC-00507: NOTICE OF CORRECTIVE ACTION (PST) (REVISED 8/24/95)

EACH -$

294TCEQ-0017: PETROLEUM STORAGE TANK FIELD ACTIVITY REPORT (REVISED 1/10/00)

EACH -$

295

HEALTH AND SAFETY PLAN (SITE SPECIFIC) IN ACCORDANCE WITH OSHA GUIDELINES AND REGULATIONS FOR HAZARDOUS WASTE AND PST SITES.

EACH -$

296TCEQ-0028: SITE CLOSURE REQUEST FORM (REVISED 12/6/99)

EACH -$

297TDSHS NOTIFICATION OF IMPENDING COMMENCEMENT OF ASBESTOS REMOVAL ACTIVITIES

EACH -$

298ASBESTOS ABATEMENT HAZARD COMMUNICATION PROGRAM

EACH -$

299ASBESTOS ABATEMENT PERSONNEL LISTING

EACH -$

300WATER WELL PLUGGING AND ABANDONMENT REPORTS

EACH -$

301 TXG830000 PERMIT APPLICATION EACH -$ 302 PI-7 APPLICATION EACH -$

-$

%

$ - TxDOT will pay one hourly rate for travel for mobilization and demobilization (Ref. Para. 16.2.) Respondent shall enter hourly rate for mobilization and demobilization:

TOTAL FOR ALL LINES ON SCHEDULE 1

All backfill will be paid at vendor's cost plus a percentage mark-up not to exceed 10%. Respondent shall enter percentage mark-up:


11 - 12



SCHEDULE 1PRICING


RESPONDENT NAME

$ -

%

%

SIGNATURE:

PRINTED NAME:

DATE:

TxDOT will pay one hourly rate for stand-by time (Ref. Para. 21.6.). Respondent shall enter hourly rate for stand-by time.

All disposal will be paid at vendor's cost plus a percentage mark-up not to exceed 5%. Respondent shall enter percentage markup:

All items recycled will be paid at vendor's cost plus a percentage mark-up not to exceed 5%. Respondent shall enter percentage markup:


12 - 12


1 - 4

SCHEDULE 2 EXECUTION OF PROPOSAL (RFP)

RFP NO. BXXXXXXXXXXXXXXX

By signature hereon, Respondent certifies that: All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate.

Respondent has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

Neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated the anti-trust laws of the state of Texas under Texas Business and Commerce Code, Chapter 15, or the federal anti-trust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP.

By signing this response, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20.

Under Government Code §2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent’s Proposal. If Respondent is not eligible, then any contract resulting from this RFP shall be immediately terminated. Furthermore, “under Section §2155.004, Government Code, the vendor (Respondent) certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate.

Any Proposal submitted under this RFP shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the Proposal.

Under Government Code §669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the Texas Department of Transportation (TxDOT) or any other state agency, was involved with or has any interest in this Proposal or any contract resulting from this RFP. If Respondent employs or has used the services of a former executive head of TxDOT or other state agency, then Respondent shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position with Respondent, and date of employment with Respondent.

Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the state of Texas.

TxDOT is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration’s Excluded Parties List System (EPLS, http://www.epls.gov), which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.


2 - 4

SCHEDULE 2 (CONTINUED) EXECUTION OF PROPOSAL (RFP)


Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov.

Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

Pursuant to Section 2262.003 of the Texas Government Code, the state auditor may conduct an audit or investigation of the vendor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.


3 - 4



Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Proposal.

RESPONDENT (COMPANY):

SIGNATURE (INK):

NAME (TYPED/PRINTED):

TITLE: DATE:

STREET:

CITY/STATE/ZIP:

TELEPHONE:

FACSIMILE NUMBERS:

EMPLOYER’S IDENTIFICATION NUMBER (EIN):

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


4 - 4



PREFERENCES: Reference Part 2, Para. 2.08 of the TxDOT Terms and Conditions, Revised February 2011. In the case of a tie between two or more respondents, the award will be made in accordance with preferences as outlined in Rule 34TAC §20.38. If a tie still exists after review of preferences claimed by respondents, TxDOT will draw lots to break the tie. Check below if preference is claimed under Rule 34TAC §20.38. Tie – Bid Preferences ______ 1. Supplies, materials or equipment produced in Texas or offered by a Texas bidder ______ 2. Agricultural products produced or grown in Texas ______ 3. Agricultural products and services offered by Texas bidder ______ 4. USA produced supplies, material or equipment ______ 5. Products produced at facilities located on formerly contaminated property ______ 6. Products and services from economically depressed or blighted areas ______ 7. Goods produced or offered by a business owned by a service-disabled veteran who is a

Texas resident Source Preferences ______ 1. Products of persons with mental or physical disabilities ______ 2. Vendors that meet or exceed air quality standards. For contracts to be performed, in whole

or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code §386.001Texas Emissions Reduction Plan.

______ 3. Manufacturer that has a recycle program for computer equipment ______ 4. Contractor providing foods of higher nutritional value Specification Preferences ______ 1. Products made of recycled materials, remanufactured, or environmentally sensitive

materials including recycled steel ______ 2. Energy efficient products ______ 3. Rubberized asphalt paving materials ______ 4. Recycled motor oil and lubricants

THE EXECUTION OF PROPOSAL SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THE EXECUTION OF PROPOSAL WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.


1 - 1

SCHEDULE 3 COMPANY QUALIFICATIONS AND EXPERIENCE

SOLICITATION NO. BXXXXXXXXXXXXXXX

Respondent shall use this schedule to clearly show how they meet the requirements set forth in the specification (Ref. Para. 4.).

Respondent Name:

Addresses:

Physical:

Mailing:

Phone Number:

Fax Number:

Name:

Phone Number:

Email address:

of person to contact with questions regarding the solicitation.

Number of years in business

Name and title of person signing the response:

DOCUMENTATION OF COMPANY QUALIFICATIONS AND EXPERIENCE:

Qualifications and experience in the areas of services to be provided. The respondent should address the following:

Be a company engaged in the business of providing non-emergency environmental remediation services, testing, cleanup, removal and disposal of hazardous and non-hazardous materials and materials of known and unknown origin and substance for a minimum of five years within the last seven years.

Experience in performing environmental remediation for government entities.



1 - 1

SCHEDULE 4 KEY PERSONNEL QUALIFICATIONS AND REFERENCES

SOLICITATION NO. BXXXXXXXXXXXXXXX Respondent Name: The respondent shall complete one profile not to exceed two pages for each individual identified in Para. 5 for evaluation purposes. TxDOT reserves the right to reject the proposed Key Personnel if references or past working performance are questionable or unfavorable. KEY PERSONNEL INFORMATION RESPONSE Full Name: Number of years employed by respondent, if applicable: Key personnel job title as indicated in Para. 5: Business name of subcontractor if individual is employed by a subcontractor (e.g. Ref. Para. 5.11. name of company with Asbestos Transporters license).

KEY PERSONNEL QUALIFICATIONS # YRS EXP.

HOW/WHERE OBTAINED

Number of years experience in environmental remediation services

Specific education, qualifications, training, certifications:

Reference: #

Name of Organization: Business Address: Business City: Business State: ZIP: Contact Person Name: Contact Person Title: Phone Number: FAX: E-Mail Address: Project Title:

Project description and dollar amount:

Roles and responsibilities of the proposed staff during this project:

Project start date: Project end date: Client Comments (To be completed by TxDOT):

This page may be reproduced as needed to document each reference.

THIS PAGE OR A REASONABLE FACSIMILE SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE. ANY NEGATIVE RESPONSE(S) MAY RESULT IN DISQUALIFICATION OF THE RESPONSE.


1 - 1

SCHEDULE 5 ADDITIONAL KEY PERSONNEL QUALIFICATIONS

SOLICITATION NO. BXXXXXXXXXXXXXXX Respondent Name: The respondent shall complete one profile not to exceed two pages for each additional individual who will be performing the functions identified in Para. 5 and will perform services under this purchase order. TxDOT reserves the right to reject the proposed Key Personnel if references or past working performance are questionable or unfavorable. KEY PERSONNEL INFORMATION RESPONSE FULL NAME: NUMBER OF YEARS EMPLOYED BY RESPONDENT: KEY PERSONNEL JOB TITLE AS INDICATED IN PARA. 5: Business name of subcontractor if individual is employed by a subcontractor (e.g. Ref. Para. 5.11. name of company with Asbestos Transporters license).

KEY PERSONNEL QUALIFICATIONS # YRS EXP.

HOW/WHERE OBTAINED

NUMBER OF YEARS EXPERIENCE IN ENVIRONMENTAL REMEDIATION SERVICES

SPECIFIC EDUCATION, QUALIFICATIONS, TRAINING, CERTIFICATIONS:




1 - 1

SCHEDULE 6 RESPONDENT REFERENCES


INCLUDE ONLY REFERENCES FOR WHICH PROJECTS WERE COMPLETED FOR FIVE YEARS WITHIN THE LAST SEVEN YEARS. Respondent Name: Reference #

Name of Client Organization:

BUSINESS ADDRESS:

BUSINESS CITY:

BUSINESS STATE: ZIP:

CONTACT PERSON NAME:

CONTACT PERSON TITLE:

PHONE NUMBER: FAX: E-MAIL ADDRESS: Project Title: PROJECT DESCRIPTION:

PROJECT START DATE: PROJECT END DATE:




1 - 1

SCHEDULE 7 DISPOSAL FACILITY LOCATIONS


Respondent’s Name: EPA/TCEQ Registration Number(s):

Facility Name:

Facility Address:

Point of Contact:

Telephone Number:

EPA/TCEQ Registration Number(s):

Facility Name:

Facility Address:

Point of Contact:

Telephone Number:


Facility Name:

Facility Address:

Point of Contact:

Telephone Number:


Facility Name:

Facility Address:

Point of Contact:

Telephone Number:



1 - 1

SCHEDULE 8 LABORATORIES

SOLICITATION NO. BXXXXXXXXXXXXXXX Respondent’s Name: Company Name:

Address:

Point of Contact:

Telephone Number:

Company Name:

Address:

Point of Contact:

Telephone Number:

Company Name:

Address:

Point of Contact:

Telephone Number:

Company Name:

Address:

Point of Contact:

Telephone Number:

Company Name:

Address:

Point of Contact:

Telephone Number:


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