ESBD_363666_1718744151271_02. Statement of Work TxDOT 913-90-90348.pdf

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 913-90-90348

DATED: JUNE 2024

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CURB REPAIRS FOR THE NORTH TEXAS STATE HOSPITAL

PUBLICATION

This statement of work (SOW) is a product of the Texas Department of Transportation (TxDOT).

This SOW may not be sold for profit or monetary gain. If this document 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 SOW is to provide curb and gutter repairs for the North Texas State Hospital in Wichita Falls, TX.

2. LOCATION(S): Service(s) must be performed at the North Texas State Hospital at 6515 Kemp Blvd. Wichita Falls, TX 76308.

3. DEFINITIONS OF TERMS AND ACRONYMS

3.1. Contract – Any Purchase Order (PO) or Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting PO or

BPO.

3.2. PM – Project manager.

3.3. POC – Point-of-contact.

3.4. TxDOT – Texas Department of Transportation.

4. APPLICABLE LAWS AND STANDARDS: The vendor must 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:

4.1. All federal, state, and city regulations and laws pertaining to concrete repairs

4.2. Code of Federal Regulations (CFR 40) – Protection of Environment, Chapter I:

Subchapters D, I, and N.

4.3. Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges located at the following website:

https://www.txdot.gov/business/resources/txdot-specifications.html

5. VENDOR QUALIFICATIONS: The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing concrete repairs for a minimum of three years within the past five years.

Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business. Reference Vendor Qualifications and Experience Schedule.

6. VENDOR PERSONNEL QUALIFICATIONS: The vendor must provide the following personnel with the listed qualifications:

https://www.txdot.gov/business/resources/txdot-specifications.html

DATED: JUNE 2024

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6.1. A project manager (PM) with a minimum of three years experience within the last five years in concrete repairs.

6.2. Laborers with a minimum of one year experience within the last two years.

Reference Vendor Personnel Qualifications, Experience, and References Schedule.

7. FACILITY REQUIREMENTS AND RESTRICTIONS

7.1. Facilities cannot be shut down in entirety. Operations to support travelling public must continue and repairs must be planned and phased to ensure continuity of operations.

7.2. Work areas in and around North Texas State Hospital are to be maintained in a high state of repair and cleanliness with thought being given to appearance and public perception.

7.3. All work areas are to be identified and secured with OSHA approved identification and markings to not allow access or entry by the Public.

7.4. Restrooms must not be used for washing of tools and equipment.

8. VENDOR PERSONNEL REQUIREMENTS: The vendor must

8.1. Begin work within 30 days of award of the purchase order or on the date mutually agreed upon between the designated TxDOT representative and the vendor.

8.2. Wear company identifying clothing and appropriate reflective Personal Protective Equipment (PPE) for easy identification by the hospital and TxDOT Personnel and the Public while in performance of their duties.

8.3. Make arrangements with the designated TXDOT representative prior to off- loading tools and equipment at the job site. The vendor must park only in spaces assigned by the designated TXDOT representative.

8.4. Provide all labor, materials, equipment, transportation, and methods of communication necessary to meet requirements of the specified services throughout the term of the purchase order.

8.5. Ensure all personnel are fluent in English with the ability to receive, give, and understand written and oral instructions.

8.6. Ensure personnel are not excessively loud.

8.7. Ensure personnel do not use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

9. SERVICE REQUIREMENTS: The vendor must:

9.1. Repair of approximately 600.00 LF concrete curb and gutter at 67 different locations within the property limits of the North Texas State Hospital in Wichita Falls. (Reference Attachment A – Service Requirements and Example Photos)

9.2. Repair each curb and gutter to match the dimensions and style of the existing curb and gutter.

9.3. Leave the work area clean and free of materials, debris, and vendor equipment to the satisfaction of the designated TxDOT representative.

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9.4. Remove and dispose from the worksite all waste generated in performance of the service in strict accordance with all applicable rules, regulations, codes, laws, ordinances, statutes, and in an environmentally safe manner.

9.5. Place any material, which may constitute a fire hazard in closed metal containers and remove containers from the site daily.

10. WARRANTY REQUIREMENTS

10.1. PERFORMANCE WARRANTY: Work performed under the contract must meet all applicable standards and codes. The vendor must guarantee all work included in the contract against any defects in workmanship and satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period must commence upon date of acceptance by TxDOT.

10.2. MATERIAL WARRANTY: Materials provided under the contract must be in current production, as offered to commercial trade, and be of quality material. Used, shopworn, demonstrator, prototype, reconditioned, or discontinued materials are not acceptable. Materials must be warranted against material defects and defects in workmanship for a period of not less than 12 months and cover 100% parts and labor. The warranty period must commence upon date of acceptance by TxDOT.

If the manufacturer’s standard warranty period exceeds 12 months, then the standard warranty period must be in effect. The vendor must be ultimately responsible for the warranty. The vendor must provide the designated TxDOT representative with all manufacturers’ warranty documents upon completion of service prior to leaving the job site.

11. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT.

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

11.1.1. Failure to deliver any portion of the statement of work.

11.1.2. One service “call back” to correct the same problem within 30 calendar days.

11.1.3. Any requirement not met as outlined in the service requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

11.2. An exceptional performance includes, but is not limited to exceptional customer service, including project completion earlier than original estimated time frame.

12. PERSONNEL CONTINUITY AND REPLACEMENT

12.1. 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 lead worker will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel must not begin work on the project without prior written approval from TxDOT.

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12.2. The lead worker must remain available for the entire term of the purchase order as long as that individual is employed by the vendor.

12.3. If TxDOT determines the lead worker is unable to perform in accordance with the service requirements or to communicate effectively, the vendor shall immediately remove that person.

12.4. 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) may 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.

13. TRAVEL: All travel and per diem must be included in the unit price.

14. CONFLICT OF INTEREST: The vendor, vendor’s personnel, and vendor’s subcontractor(s) affirm not to have acquired and agree not to acquire any interest during the term of the contract that would conflict in any manner with the performance of the vendor’s obligations in regards to services authorized.

15. TxDOT RESPONSIBILITIES: TxDOT will:

15.1. Provide a point of contact (POC).

15.2. Provide facility access

15.3. Provide required forms to file accident reports

16. CONTRACT ADMINISTRATION: Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff. Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

16.1. 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.

16.2. Upon issuance of contract, 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 contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

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

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

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

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

16.2.5. Other areas as identified by the State of Texas Procurement and Contract

Management Guide version 3.0.