TEXAS DEPARTMENT OF TRANSPORTATION INSPECT, SAMPLE, AND TEST FOR ASBESTOS CONTAINING MATERIAL AND MONITOR ABATEMENT PROJECTS PUBLICATION

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1 * TEXAS DEPARTMENT OF TRANSPORTATION INSPECT, SAMPLE, AND TEST FOR ASBESTOS CONTAINING MATERIAL AND MONITOR ABATEMENT PROJECTS PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the Institute for Public Procurement. This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity. 1. SCOPE: This solicitation is to provide services to inspect, sample, and test for asbestos containing material (ACM), report the results of the inspection, prepare a plan for ACM abatement, and monitor the abatement project. Service shall be performed in buildings and on structures owned by TxDOT and others not owned by TxDOT. This may include TxDOT facilities, properties associated with the right-of-way for highway improvements, enhancement projects, bridges, and other highway structures. If identified on the solicitation, mold assessment shall be required per Attachment A Mold Assessment. 2. DEFINITIONS 2.1. ACM Asbestos containing material 2.2. CSJ TxDOT Control Section Job 2.3. HUB Historically Underutilized Business 2.4. PM Vendor s Project Manager 2.5. TCEQ Texas Commission on Environmental Quality 2.6. TDSHS Texas Department of State Health Services 3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all applicable federal, state and local laws, standards and regulations necessary to perform the services, including, but not limited to: 3.1. National Emissions Standards for Hazardous Air Pollutants (40 CFR 63) Occupational Safety and Health Administration (OSHA 29 CFR and 29 CFR ) Texas Asbestos Health Protection Rules (TAC 25, Part 1, Chapter 295, Subchapter C) Texas Government Code, Title 10, Subtitle D, and Section : Pertaining to financial solvency and resources. * This Specification Supersedes TxDOT Specification No , Revised March 2017

2 3.5. Texas Mold Assessment and Remediation Rules (TAC 25, Part 1, Chapter 295, Subchapter J). 4. RESPONDENT QUALIFICATIONS: The respondent shall: 4.1. Be a company engaged in the business of providing inspections, sampling, and testing for ACM, plan preparation for abatement and monitoring abatement projects for a minimum of four years within the last seven years. Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other Hold all applicable licenses, certifications and permits necessary to perform all services pertaining to the purchase order. Copies of all updated and renewed licenses, certifications, and permits shall be provided throughout the duration of the purchase order Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent s audited or un-audited financial statement TxDOT may request a statement from the president, owner, or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section to evaluate the sufficiency of the respondent's financial resources and ability to provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include: Balance sheets Net working capital Current asset ratio Liquidity ratio Auditor(s) notes Any notes to the financial statements 2 14

3 5. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for a minimum of four years within the last seven years. References shall illustrate respondent s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, address, and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References form). 6. KEY PERSONNEL QUALIFICATIONS: The respondent shall provide a Project Manager (PM) with a minimum of four years experience within the last seven years in project management for similar services. 7. VENDOR REQUIREMENTS: The vendor shall: 7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation Provide a point-of-contact for notification of service Own or have access to all equipment and instrumentation required for work performed under the purchase order, and ensure that equipment and instrumentation shall be available for the duration of the purchase order Provide only employees or subcontractors with the required knowledge and experience, including all applicable current licenses, certifications, and permits, necessary to perform assigned duties under the purchase order Immediately remove any employee or subcontractor that, in the opinion of TxDOT, is incompetent or whose conduct becomes detrimental to work or safety (Ref. Para ) Have an adequate number of personnel available to provide service simultaneously in multiple locations Prepare an estimate of costs for each task work order that TxDOT requests. The estimate shall be submitted to the designated TxDOT representative requesting the work. TxDOT will review and approve in writing each estimate prior to the vendor beginning any work Be available to attend mandatory pre-bid conferences with potential abatement vendors to answer questions Be available to attend pre-commencement meetings. Pre-commencement meetings may be held prior to commencement of each job. 3 14

4 8. SERVICE REQUIREMENTS: The vendor shall: 8.1. INSPECT, SAMPLE, AND TEST FOR ASBESTOS CONTAINING MATERIAL: The vendor shall: Perform an inspection of facilities upon notification from TxDOT. Notification will be made to the vendor s point-of-contact stated on the purchase order Respond to requests for inspections to meet TxDOT s schedule and timing requirements. Sample gathering shall not exceed two working days following authorization from TxDOT. This requirement may be waived in special circumstances, upon mutual agreement between the vendor and TxDOT Prepare an estimate of the number of samples to be taken and the number of homogeneous areas for TxDOT approval, prior to proceeding with testing Perform all sampling and testing in accordance with all state, federal, and local regulations. When applicable, the most stringent standards shall prevail, if overlapping occurs Provide a cost estimate to the designated TxDOT representative for the abatement work for each task work order Provide an Asbestos Inspection Report to TxDOT within five working days following completion of sample collection and analysis. The inspection report shall contain, but not be limited to, the following: Location of Inspected Property or Structure: For buildings, provide the TxDOT site or parcel number, physical address, and CSJ or right-of-way account number(s), if available. For bridges and other highway structures, provide a description of the physical location, roadway designation, city or county. When applicable provide the bridge name, structure number or bridge identification number Names of the vendor s employees performing the asbestos inspection and date inspection were performed Description of samples, number of samples collected and number of samples analyzed, including the number of homogeneous areas sampled with the unique identifying sample number and copies of photographs of each area sampled Drawing of the plot plan or floor plan of the structure being inspected labeled to indicate the location of collected samples Summary listing the samples collected, samples analyzed, type of asbestos found, friability status of the ACM sample, and percentage of asbestos found in each sample analyzed. 4 14

5 Copy of the analytical results report shall be appended to the asbestos inspection report Tabulation of the estimated amount of ACM that is to be abated in appropriate units of measure (linear feet, square feet, cubic feet, etc.) PREPARE A PLAN FOR ASBESTOS ABATEMENT: The vendor shall use the asbestos inspection results to develop the asbestos abatement plan with all procedures and methods to ensure an independent asbestos abatement contractor shall achieve statutory requirements of asbestos abatement when the plan is executed in its entirety. The asbestos abatement plan shall be submitted to the designated TxDOT representative within five working days of completion of the asbestos inspection report and contain the following: Identification of the property or structure or both containing ACM to be abated, including TxDOT site or parcel number, physical street address, and CSJ or right-of-way account number(s), if available. For bridges and other highway structures a description of the physical location, city or county shall be provided. When applicable, the bridge name, structure number, or bridge identification number shall be provided Description of the methods and procedures for abating ACM from each homogeneous area as documented in the asbestos inspection report, so that statutory asbestos abatement is achieved The homogeneous areas containing ACM shall be identified and crossreferenced to the areas that have been identified in the asbestos inspection report A copy of the asbestos inspection report shall be appended to the asbestos abatement plan MONITOR ASBESTOS ABATEMENT ACTIVITIES: The vendor shall: Verify the abatement contractor has all certifications, licenses, and permits for abatement work prior to the start of any abatement activities Confirm the independent asbestos abatement contractor has completed all required statutory notifications Verify ACM has been removed in accordance with the most current regulations from applicable federal, state, and local governments with the most stringent standards prevailing. In the event of conflict or overlap, abatement shall be performed as specified in the asbestos abatement plan If required, provide an individual licensed by TDSHS as an Asbestos Air Monitor Technician. This individual shall serve as project manager and be on-site to observe abatement activities, collect air samples, document air quality before, during and after asbestos abatement, and analyze air samples using Phase Contrast Microscopy (PCM). 5 14

6 Report the abatement activities performed as observed and the air monitoring results Advice TxDOT and the abatement contractor regarding asbestos abatement duties as needed Provide an Asbestos Abatement Monitoring Report to TxDOT within five working days following completion of the asbestos abatement activities by the independent asbestos abatement contractor. The asbestos abatement monitoring report shall contain the following: Identification of the property or structure or both in which asbestos abatement was performed including TxDOT site or parcel number, physical street address, and CSJ or right-of-way account number(s). For bridges and other highway structures provide a description of the physical location, city or county. When applicable, provide the bridge name, structure number, or bridge identification number Name of the independent asbestos abatement contractor, field crew leader, and employees performing the asbestos abatement monitoring An assessment summary of the independent asbestos abatement contractor s performance achieving statutory asbestos abatement, including detailed statements of how the asbestos abatement contractor deviated or modified activities from those stated in the asbestos abatement plan A conclusion stating that the independent asbestos abatement contractor successfully achieved statutory abatement A summary of the air monitor sample results including a copy of the monitoring report Other information as needed to further document the completeness of the asbestos abatement, including photographs, names, and addresses of proposed TCEQ permitted landfill(s), copies of TDSHS notifications, independent asbestos abatement contractor licenses and certifications, etc. 9. REPORTS AND PLANS: All documents prepared by the vendor or furnished to the vendor by TxDOT shall be delivered to and become the property of TxDOT. All data prepared under the purchase order shall be made available upon request to TxDOT without restriction or limitation for further use. The vendor may, at the vendor s own expense, have copies made of the documents or any other data furnished to TxDOT under the purchase order without restriction or limitation for further use. 6 14

7 10. LOCATION(S): Location(s) of facilities are specified on the solicitation. TxDOT reserves the right to add or delete facilities serviced under the purchase order. TxDOT will provide ten business days written notice to the vendor for facilities to be deleted or of any additional facilities requiring service within the same area or region (Ref. Attachment A Locations). 11. ADDITIONAL SERVICES AND MISCELLANEOUS MATERIALS Additional services and miscellaneous materials shall not exceed $5,000 per job. Additional services and materials with a total estimated cost over $5,000 per job shall not be performed under the purchase order. Additional services are services not covered under the service requirements identified in the specification (Ref. Para. 8.) Additional services shall cover only work not required under the service requirements to complete inspecting, sampling, and testing for asbestos containing material and monitoring abatement projects. The vendor shall assume the responsibility to provide the burden of proof that the additional services are required, unless services are requested by the designated TxDOT representative The vendor shall provide a cost estimate, which the designated TxDOT representative will approve in writing prior to any work being performed. TxDOT reserves the right to obtain service under a separate purchase order should it best serve the interest of TxDOT. Additional services and miscellaneous materials shall be paid as follows: Additional Services: The vendor shall provide, if listed as a line item on the solicitation, additional services necessary to complete services, as approved by the designated TxDOT representative Miscellaneous Materials: The vendor shall provide, if listed as a line item on the solicitation, miscellaneous materials necessary to complete work allowed as additional services. Miscellaneous materials will be paid at the cost approved by the designated TxDOT representative, prior to using miscellaneous materials for services performed for TxDOT. 12. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT An unsatisfactory performance determination includes, but is not limited to: Providing an Asbestos Inspection Report to TxDOT more than five working days following completion of sample collection and analysis (Ref. Para ) Submitting an asbestos abatement plan more than five working days following completion of the asbestos inspection report (Ref. Para. 8.2.). NOTE: Unsatisfactory performance may result in a negative vendor performance report, cancellation of the purchase order, or both An exceptional performance determination includes, but is not limited to, vendor commended for exceptional customer service, exceptional service provided. 7 14

8 13. PERSONNEL CONTINUITY AND REPLACEMENT 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 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 The PM shall remain available for the entire term of the purchase order as long as that individual is employed by the vendor If TxDOT determines the PM or any vendor personnel or subcontractor is unable to perform in accordance with the service requirements or to communicate effectively, the vendor shall immediately remove that person 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) may be requested for the proposed replacement. 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. 14. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times, including but not limited to, wearing hard hats, safety shoes and goggles. 15. SUBCONTRACTING Subcontractors providing service under the purchase order shall meet the same qualifications and service requirements and provide the same quality of service required of the vendor No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services The vendor shall be the only contact for TxDOT and subcontractor(s) 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 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 TxDOT reserves the right to request the removal of vendor s subcontractor staff deemed unsatisfactory by TxDOT Subcontracting shall be at the vendor s expense. 8 14

9 15.8. 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 30 calendar 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 SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. 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 along with the required forms and instructions. Responses that do not include a completed HUB Subcontracting Plan as indicated on the solicitation shall be rejected pursuant to Texas Government Code (B). 16. TRAVEL: All travel and per diem shall be pre-approved in writing by the designated TxDOT representative. If approved, expenses will be reimbursed as follows: In-state reimbursement for lodging will be the listed rate on the following website for the specific location and month: The maximum meal reimbursement for in-state travel is $41. Travelers may substitute all or a portion of the $41 meal allowance to increase the amount paid for lodging Meals for non-overnight travel may be reimbursed up to $41 for the actual cost of meals if the travel period is greater than six hours and the travel is to a location outside the district in which the vendor s primary work location is located. NOTE: The Internal Revenue Service has ruled that the meal reimbursements related to non-overnight travel are taxable as additional income. Taxes shall be withheld at a rate of 25% of the reimbursement amount. The vendor shall be responsible for withholding this tax Reimbursable travel expenses include: Personal vehicle mileage, commercial transportation, hotel accommodations, parking, and meals. NOTE: TxDOT will not reimburse tips, gratuities, or alcoholic beverages. 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. INVOICING INSTRUCTIONS: The vendor shall provide: ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the line item on the Schedule 1 Pricing for each item charged. The original invoice shall be ed to unless otherwise shown on the purchase order to ensure timely payment and shall include the following: Complete purchase order number. 9 14

10 Vendor Federal Employer Identification Number (EIN) Date of service Vendor s identifying job number Site or parcel number and building number, if applicable CSJ or right-of-way accounting number, if applicable. SPECIFICATION NO Unit prices for miscellaneous items such as photos, materials, printing, copies, etc., as approved by the designated TxDOT representative. NOTE: Invoices requiring correction shall be re-submitted with a new invoice date COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original supporting documentation that validates the invoice charges shall be ed to the designated TxDOT representative to include but not be limited to receipts for travel expenses (Ref. Para ). 19. PAYMENT REQUIREMENTS: Payment will be made for a correct and complete invoice after approval of final report for each project, where services were provided. 20. TxDOT RESPONSIBILITIES: TxDOT will provide: A contract manager to act as the point-of-contact Copies of any available sketches, pictures, maps, dimension, etc. to facilitate an understanding of the area, size and scope for each project to the vendor Task work order numbers. 21. RESPONSE SUBMISSION GENERAL FORMAT: The respondent shall submit one hard copy signed and dated original (marked Original) and one original on flash drive. The hard copy submission shall be in a loose leaf binder 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, or use of document protectors, are highly discouraged. Include only the information specified for each section ORIGINAL RESPONSE: Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. The response submission shall be submitted in the following format: Section 1 Invitation for Bid (IFB): Original signed, dated and completed IFB. NOTE TO RESPONDENT: If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section

11 Section 2 Schedule 1 Pricing: Complete and return with at least one region s sheet. Respondents may bid on one, two, three, or all four regions Section 3 Schedule 2 Respondent Qualifications and Experience: Complete and return detailing respondent qualifications and experience (Ref. para 4.) Section 4 Schedule 3 Key Personnel Qualifications and References: Complete and return for each proposed key or respondent personnel position (Ref. para 6.) Section 5 Performance Requirements: Respondent shall provide a detailed response specifying exactly how the requirements outlined in Paras. 7., 8., and 9. of the solicitation will be fulfilled Section 6 HUB Subcontracting Plan (Ref. para 15.) Section 7 Certifications, Licenses, or Permits: 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 Environmental Protection Agency (EPA) numbers COPIES: Submit one flash drive (marked Copy). Include only the following sections: Section 3 Schedule 2 Company Qualifications and Experience Section 4 Schedule 3 Key Personnel Qualifications and References Section 5 Performance Requirements The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration Section 8 Financial Standing: The respondent should submit a statement from the president, owner, or financial officer on company letterhead certifying the company is in good financial standing, not in any form of bankruptcy, current in payment of all taxes and fees (Ref. Para. 4.3.) Section 9 Respondent References (Ref. Para. 5.)

12 22. RESPONSE EVALUATION STEP 1 REVIEW OF RESPONSES BY PURCHASING: Only a complete response with the listed 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. NOTE: TxDOT reserves the right to follow the process steps below or go directly to award of a purchase order STEP 2 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. Respondent s submission is evaluated and scored on a weighted system to determine the best value as follows: Respondent qualifications and experience will comprise 60% of the evaluation total Pricing submitted for the solicitation requirements will be 40% of the evaluation total STEP 3 DISCUSSIONS: TxDOT may request that selected respondents, including key personnel participate in a 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 The initial selection of respondents qualifying to proceed to this step will maintain the pricing weight at 40%. The initial evaluation score of the qualifications and submission information will be replaced with the discussion meeting score at 60% 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 phase. Attendance at the discussion meeting is mandatory. Failure to attend the discussion meeting at the designated location, date and time designated by TxDOT will disqualify the response submitted by the respondent. NOTE: Attendance in person is required. However, TxDOT, at its sole discretion, may allow meetings via WebEx TxDOT may provide the respondent with a list of proposed respondent personnel required to attend and participate in the meeting

13 Respondent and proposed respondent personnel should be prepared to address any questions that may be asked by TxDOT evaluators TxDOT reserves the right to continue discussions with selected respondent(s). 23. AWARD TxDOT reserves the right to award a single purchase order to the most responsive, responsible respondent meeting the specification. TxDOT may award to a single vendor or multiple vendors, whichever best serves the interest of TxDOT TYPES OF AWARD Single Award: One purchase order awarded to a single vendor Multiple Awards: 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. 24. POST AWARD MEETING: Vendor(s) may be requested 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. 25. CONTRACT ADMINISTRATION: Administration of the purchase order is the responsibility of TxDOT. TxDOT Procurement staff will be responsible for administering the contractual business relationship with the vendor 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 Upon issuance of purchase order, TxDOT will designate an individual to 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: Monitoring the vendor s progress and performance and ensuring services conform to established specification requirements Managing the financial aspects of the contract including approval of payments Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action Identifying a breach of contract by assessing the difference between contract performance and non-performance

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

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