ESBD_376613_1726261515266_Scope of Work IW189455.pdf

A. BACKGROUND

EXHIBIT J.3

Asbestos Air Monitoring

The Texas Department of Criminal Justice (TDCJ) requires a Vendor to collect and analyze by Phase Contrast Microscopy (PCM) baseline area, personal and clearance asbestos air samples in the Texas Department of Criminal Justice (TDCJ) Asbestos Abatement project sites located statewide in accordance with "Texas Asbestos Health Protection Rules11 (25 TAC §295.58 (i) and §225.49 (e)).

B. GENERAL DUTIES AND OBLIGATIONS

The Vendor shall provide this service in accordance with applicable federal and state law, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter effected or implemented. Vendor shall comply with the TDCJ's policies, procedures, personnel directives and regulations during the term of this service. The TDCJ reserves the right to dismiss any technician for breaches of the TDCJ Security Procedures.

C. SERVICES BEING ACQUIRED

The Vendor shall, in accordance with the terms of this document, provide all necessary personnel, tools, material, equipment and transportation required to collect and analyze by Phase Contrast Microscopy (PCM) baseline, area, personal and clearance asbestos air samples on TDCJ Asbestos Abatement project sites in accordance with 1'Texas Asbestos Health Protection Rules" (25 TAC • §295.58 (i) and §295.49 (e)). Technician shall perform and document qualitative respirator fit tests for TDCJ staff in accordance with 40 Code of Federal Regulations Part 763, Subpart G, Appendix C Ill, titled, "Qualitative and Quantitative Fit Testing Procedures", as needed. Technician shall ensure TDCJ Asbestos Contractor work practices comply with applicable federal and state regulations as well as project specifications as Asbestos Project Manager on the TDCJ project sites under the direction of the TDCJ Asbestos Consultant.

D. SPECIFIC DUTIES AND OBLIGATIONS

D.1 Vendor Duties

Vendor shall furnish all material, labor, necessary tools and equipment to comply with all requirements of this document.

Vendor shall have technician on-site within 24-hours of telephonic notice or as directed by the TDCJ Asbestos Contract Monitor.

D.2 Reports

Vendor shall submit project reports to the Asbestos Contract Monitor not more than ten (10) business days after project completion. Reports shall include copies of all field notes, sample data sheets, sampling location schematic drawings, summary report, company and individual credentials and

Asbestos Consultant's original signature.

D.3 Vendor Qualifications

The Vendor shall have available under direct employment and supervision the necessary personnel, organization and facilities to properly fulfill all the services and conditions required under this document.

D.4 Credentials -Vendor shall provide proof of the following:

• Current Texas Department of State Health Services {TDSHS) licensure as an Asbestos

Consultant

• Current TDSHS licensure as an Asbestos Laboratory.

• Current TDSHS licensure of each of Asbestos Consultant Agency's Individual Asbestos

Consultants.

• Current TDSHS licensure of each of Asbestos Consultant Agency's Asbestos Project

Manager(s) / Air Monitoring Technician(s).

• Copy of Asbestos Laboratory's Quality Assurance / Quality Control Program. (This will be returned to Vendor upon Purchase Order award).

• Technician shall be currently licensed by TDSHS as an Asbestos Project Manager and as an

Asbestos Air Monitoring Technician.

FAILURE TO SUBMIT PROOF OF THE CREDENTIALS LISTED ABOVE WITH SEALED BID SHALL

RESULT IN DISQUALIFICATION OF BID.

D.S Contract Monitor

The Contract Monitor is Environmental Manager, Facilities Division Environmental Department. The department telephone number of the is 936-437-7247. The facsimile number is 325-223-0294. The department billing/invoicing email address of the is envbilling@tdcj.texas.gov. The department contact email for all other inquiries/information is tdcjenv@tdcj.texas.gov..

The Contract Monitor represents the Executive Director in the administration of technical details within the scope of this document. The Contract Monitor is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in this document.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of the Executive Director of TDCJ or the State of Texas. The Contract Monitor does not have the authority to change the Purchase Order specifications, price, terms or conditions.

The Contract Monitor assignment for this Purchase Order may be changed at any time by the TDCJ without prior notice to the Vendor. The Vendor will be notified of the change.

D.6 Project Manager

The Vendor's designated Project Manager is: TDCJ, Facilities Environmental Department, Asbestos Abatement Supervisor(s), located within the Facilities Division

The telephone number for the Project Manager is 936-661-6042.

The facsimile number for the Project Manager is same as Contract Monitor.

The email address for the Project Manager is tdcjenv@tdcj.texas.gov.

The Vendor shall provide a Project Manager for this service who shall be responsible for the overall management and coordination of this service and shall act as the central point of contact with the TDCJ. The Project Manager shall have full authority to act for the Vendor in the performance of the required services. The Project Manager or a designated representative shall meet with the Contract

Monitor to discuss problems as they occur.

E. INSURANCE REQUIREMENTS

The Vendor shall provide an adequate plan of insurance that provides: (1) coverage to protect the State against all claims arising from the services performed by the Vendor; (2) coverage to protect the State from actions by a third party against the Vendor or any subcontractor of the Vendor as a result of the service, and (3) coverage to protect the State from actions by officers, employees, or agents of the Vendor or any subcontractor(s). Insurance shall be written by companies licensed in the State of Texas with an "A" rating or better. The Vendor shall provide, furnish evidence and maintain the following insurance coverage in full force and effect for the mutual protection and benefit of both the TDCJ and the Vendor:

a. General public liability insurance covering all duties, services, or work to be performed under this service; insurance shall provide limits of liability for bodily injury of not less than $500,000 for each person and $1,000,000 for each occurrence and property damage limits of liability of not less than $1,000,000 for each accident. If automotive equipment is used in the operation, automobile bodily injury liability insurance with limits of not less than $500,000 for each person, $1,000,000 for each accident, and property damage liability insurance with a limit of not less than $1,000,000 for each accident.

b. The Vendor shall maintain statutory worker's compensation and employer's liability insurance for the protection of employees in the amount and manner required by Texas law for all employees of the Vendor.

c. The Vendor shall maintain Environmental impairment or Pollution Liability Insurance to include coverage for the handling, removal, storage, testing, transportation and disposal of these materials, with a minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence.

d. Condition of insurance Policies:

1. Each policy of required insurance shall provide for thirty (30) day notice of cancellation to the TDCJ and include the following provision:

"It is a condition of this policy that the insurance company shall furnish written notice to the Texas Department of Criminal Justice, Contracts and Procurement, Construction, Utilities & Environmental Branch, Two Financial Plaza, Suite 703, Huntsville, Texas 77340, attn.: Kelly Scott, thirty (30) days in advance of the effective date of any reduction in, or cancelation of this policy."

2. Insurance shall be effective and evidence of acceptable insurance furnished prior to award of a Purchase Order. The Vendor shall furnish the TDCJ evidence of required insurance, certified true copies of liability policies, and manually countersigned endorsements of any changes thereto.

e. The Vendor shall maintain insurance coverage for the mutual protection of both the TD CJ and the Vendor against claims that may arise out of or result from the Vendor's actions or operations hereunder, whether such actions or operations are by the Vendor or a subcontractor, or by anyone directly or indirectly employed by or acting on behalf of the

Vendor or subcontractor where liability may arise for:

1. Claims under worker's compensation disability benefit, and other similar employee benefit acts;

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of any

Vendor's employees;

3. Claims for damages because of bodily injury, sickness or disease or death of any person other than the Vendor's employees;

4. Claims for damages insured by usual personal liability coverage that are sustained by any person as a result of an act directly or indirectly related to the employment of such person by the Vendor, or by any other person;

5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

6. Claims for damages based on violations of civil rights.

f. The insurance required by this section shall be written for not less than any limits of liability specified by the TDCJ or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Vendor's obligations hereunder.

g, Compliance with the foregoing insurance requirements shall not relieve the Vendor from any liability under the indemnification clause in Section 18. 7 of the Terms and Conditions.